A Influência do Sistema Interamericano de Direitos Humanos na regulamentação do direito de acesso à informação nas Américas

Abstract

The Inter-American Human Rights System (IAHRS) has played an important role in the internationalization of legal systems in several countries of the American continent, as well as it has excelled in the application of modern and universal standards of Human Rights in the context of democracies in consolidation and with enormous local challenges. Aiming to contribute to the issue of the right of access to information in the continent, in 2010 the IAHRS published the Model Inter-American Law on Access to Information, whose main objective was to provide subsidies for the elaboration and updating of laws on access to information in the context of the countries members of the Inter-American System. In this sense, this study sought to understand to what extent the Laws on Access to Public Information adopted by countries on the American continent after the publication of the Model Law were influenced by it. In the methodological field, research with an inductive approach was carried out, based on documentary research in a comparative perspective. The results achieved revealed a moderate influence of the Model Law on Access to Information in relation to the national legislation of the analyzed countries. A high correspondence rate of administrative procedural issues was verified, while questions related to information management, such as registration of access requests and document management, had low correspondence. It is concluded at the end of the study that the informational aspects can be better worked on in the context of national legislation on access to information in order to achieve greater parity with what is foreseen under the Model Law on Access to Information of the Inter-American System of Human Rights.