Brazil's Comptroller General's Office (CGU) will review 234 cases of secrecy imposed by Bolsonaro.

By Guilherme Levorato, 247 - The Minister of the Comptroller General of the Union (CGU), Vinícius de Carvalho, announced in a press conference this Friday (3) that the agency will review 234 cases of secrecy imposed during the Jair Bolsonaro (PL) government.

The cases that will be re-evaluated had their information requests denied because they were related to:  

• National security - 111 (cases)
• Security for the president and his family - 35
• Personal information - 49
• Intelligence activities - 16
• Others - 23

According to the minister, during the Bolsonaro administration, 511.994 requests for access to information were made, of which 64.571 were denied (in whole or in part) and 2.510 were appealed to the CGU (Comptroller General of the Union). Of these, the CGU maintained the confidentiality of 1.335 items.

Carvalho stated that throughout the month of January, the CGU (Brazilian Comptroller General's Office) identified the following setbacks promoted by Bolsonaro in the system of access to information:

• Regulatory measures aimed at expanding the possibilities for confidentiality.
•  Trivialization of the use of certain categories of information access restrictions.
• Changes to the precedents in place at the CGU (Brazilian Comptroller General's Office), expanding interpretations that are contrary to transparency.

The CGU (Brazilian Comptroller General's Office) then drafted 12 statements that should serve as guidelines for all agencies of the Lula (PT) government in determining whether or not access to information should be granted:

1. Entry and exit records in public buildings are subject to public access, except when the related agendas "are classified as falling under a legal hypothesis of secrecy or are under temporary restriction of access to information";
2. Entry and exit records for official residences should be protected, unless they pertain to official agendas.
3. With regard to disciplinary procedures for military personnel, restrictions apply only until the judgment. Thus, administrative proceedings involving military personnel are publicly accessible once concluded, without prejudice to the confidentiality of personal data.
4. During the term of office, the confidentiality of information for the security of the president, authorities, and family members should be restricted to information that actually falls into this category;
5. Information regarding government tenders, contracts, and expenditures, including those of the Armed Forces, police agencies, and intelligence agencies, is generally public. Any restriction may only be imposed when the subject matter falls under one of the legal provisions.
6. Once the information classification period has expired or the event that constitutes its termination has occurred, the information automatically and entirely becomes publicly accessible;
7. The resumes of public officials are publicly accessible;
8. Disclosure of information related to candidates approved in selection processes for filling public positions is subject to public access;
9. Telegrams, dispatches, and circulars produced by the Brazilian Ministry of Foreign Affairs (Itamaraty) are documents whose access should be restricted only when the subject matter they refer to strictly falls under one of the legal grounds for confidentiality. The protection of the country's diplomatic negotiations cannot be used as a general and abstract basis for denying requests for access to information.
10. Information regarding the amounts of benefits paid and the identification of beneficiaries is publicly accessible;
11. The argument of "unreasonableness" can only be used if the public body demonstrates a concrete risk associated with the disclosure of the information; the argument cannot be used as a general and abstract basis. In the case of "disproportionality," the request can only be denied if the body demonstrates that it does not have the resources to fulfill the request; the argument cannot be used as a general and abstract basis. In the case of disproportionality, the documents must be provided in situ so that the applicant can consult them.
12. The argument of "personal information" cannot be used in a general and abstract way to deny requests for access to documents or files containing personal data, since this data can be omitted so that, properly protected, the remaining requested documents can be provided.

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