O lugar do ruído na lei de acesso à informação brasileira: uma proposta fenomelógica partindo da máxima divulgação

Abstract

The current research aims to comprehend the concept of Public Information as presented in the Brazilian Access to Information Law through a phenomenological critique. This examination considers the noise introduced by petitioners and utilizes the theoretical framework of Noise as the difference between information sent and received. It seeks to understand the effectiveness of the Maximum Disclosure principle. With this stated objective, the research problem seeks to understand the role of Noise in the interpretation and effectiveness of public information access in Brazil. In preparation for the discussion of this issue, an initial study of international information access was conducted. This study involved cross-referencing the Global Right to Information and Transparency International indices to identify commonalities, problems, and institutions among the top-ranked countries using a documentary matching methodology. Based on this data, the research developed analytical categories to employ Phenomenological Research Design in order to understand how the concept of public information is interpreted and actualized in the decisions of the Joint Commission for Information Revalidation. The discussion of the problem concludes with a theoretical consideration of the existence of implicit interpretative assumptions in the decisions, as well as a disruption in the narrative continuity within the procedures. This disruption indicates issues of Noise that interfere with the full effectiveness of Maximum Disclosure.