REQUEST TO OPEN A DATABASE BEFORE THE MUNICIPAL PUBLIC ADMINISTRATION

AN ANALYSIS FROM ITS TECHNICAL PARAMETERS AND CONSTITUTIONAL AND INFRACONSTITUTIONAL NORMATIVE FOUNDATION

Abstract

The present research focused on the analysis of the legal conformation of the request for opening data made to municipalities by any interested party and is justified by the large number of municipalities in Brazil, currently at 5,570, as well as that they have been refractory to the issue of opening data, both due to the lack of official disclosure and the resistance to the opening caused. The research problem was to analyze whether, based on the Federal Constitution and current legislation, there is a legal basis for the request to open a database to the municipal Public Administration. The general objective of the research was to study the existence of a legal provision for the request to open a public database made to Brazilian municipalities. As specific objectives, which correspond to the two main topics of this work, we initially seek to clarify some theoretical aspects for understanding open data, such as the distinction between information and data, as well as the main attributes of open data, in addition to the its legal conformation in the light of the Brazilian legal system. Then, a specific investigation of the Federal Constitution and current legislation is carried out in order to verify the existence of a legal basis for the request to open public data before the municipal government. The deductive method was used and as a methodological approach, bibliographic research and consultation of legislative sources were used. In conclusion, the research demonstrated the existence of a legal provision for the request to open a database to municipalities, based on the interpretation in the light of the Federal Constitution and applicable legislation, in particular, Law Nº 12,527 of 2011 (Access to Information Law).