THE APPLICATION OF THE PRINCIPLE OF ADVERTISING IN COUNTERPOINT TO THE 100-YEAR-OLD SECRECY: AN ANALYSIS OF LAW 12,527 OF 2011

Abstract

The proposed research needs to determine whether the hundred-year secrecy provided for in the LAI conflicts with the principle of publicity provided for in the Federal Constitution and whether it favors the practice of illicit acts, in terms of non-compliance or maneuvers to hide relevant data. in which it should be published for society. The general objective is to verify whether the Access to Information Law No. 12,527/2011, which deals with 100-year secrecy, conflicts with the principle of publicity, in order to hide public information that should be accessible to everyone. Therefore, research is extremely important for society in general, so that it can better understand the topic and demand greater transparency in the acts carried out by public administrators. The research used legal methodology, through bibliographical research, whose purpose is to take a theoretical approach in a deductive way, as it will start from general theories and conceptions using doctrines, whose purpose is to examine the concepts on the principle of publicity and secrecy 100 years present in Law No. 12,527 of 2011. Therefore, we conclude by defending the thesis that there is evidence of violation of the principle of publicity by agents and public authorities, making these acts of administrative improbity subject to liability for bad faith and dishonesty, which is subject to the Penal Code and the Administrative Improbity Law.