GUARANTEE OF THE RIGHT OF ACCESS TO INFORMATION AT THE MUNICIPAL SCOPE BY IMPETATION OF A WRIT OF MANDAMUS

Authors

• André Afonso Tavares
• Caroline Müller Bitencourt

Abstract

The rights of access to information, public transparency and publicity have constitutional conformation expressed in terms of the Constitution of the Federative Republic of Brazil of 1988. The present work has as its research problem: how do the judgments handed down by the Federal Supreme Court, by the Superior Court of Justice and the Court of Justice of the State of Rio Grande do Sul have addressed the right of access to information at the municipal level when a writ of mandamus is filed? The general objective is to analyze the jurisprudence related to the exercise of the right of access to information at the municipal level when a writ of mandamus is filed. There was no establishment of a guiding hypothesis, given that this is an eminently jurisprudential research work. The deductive method is adopted as a methodology, as it will be based on concepts present in literature and also in legislation to then carry out a survey of judgments, through the establishment of strings as search parameters on the websites of the Courts analyzed, which return related results the writ of mandamus, access to information law and municipal scope. As a conclusion, it appears that the jurisprudence of the Superior Courts analyzed (STF and STJ), as well as the Court of Justice of the State of Rio Grande do Sul, have issued rulings in order to preserve the right of access to information in a broad manner when judicialized . The data collected demonstrate, however, that there is little use of this constitutional remedy to ensure access to public information. Technical, operational and financial barriers can explain, among other factors, the reasons why there is little use of writs of mandamus in the judicialization of access to information at the municipal level in the Courts analyzed.