We have already said that the application of LGPD () in public administration has been a disaster. But it is necessary to reinforce and illustrate the severity of the situation. The blackout promoted by the Ministry of Management and Innovation, under the alleged guidance of the (Attorney General of the Union), marks a historical setback in federal transparency policy.
Since the promulgation of 1988, Brazilians have been entitled to access the entire content of public contracts and documents that underlie government spending – if in public offices or over the internet. At the federal level, this right even precedes the LAI (Access to Information Law), sanctioned in 2011. Siconv, a system of agreements and contracts, has existed since 2008. In 2022, the federal executive launched the to consolidate and expand this policy, with direct access to primary documents such as invoices, sketches, minutes and reports. Brazil has become a world reference in the theme, surpassing countries with HDI.
However, in 2024, the Ministry of Management removed more than 16 million public documents, claiming that the measure was necessary to comply with LGPD and protect personal data. In his justification, the ministry said it was followed by AGU guidance. The agency itself, however, that the opinion does not apply to agreement data and that documents can “remain fully accessible, auditable and publicly available”.
(16), the ministry stated that there are data from contract inspectors, minutes of private entities, among others. None of this is personal information that can be restricted:, data from private entities and their owners are public, which is why the National Register of Legal Entities and anyone can legally access in a public registration. Once again, as Minister Bruno Dantas, the poor application of LGPD threatens Brazilian democracy.
The reaction to the data blackout has intensified in recent days, with new reports and the positioning of dozens of entities. On Monday, asking for the immediate suspension of the measure adopted by the government. In the same vein, considering that the blackout includes data on parliamentary amendments, the organizations Open Accounts, Transparency Brazil and International Transparency – Brazil, which act as Amici Curiae (stakeholders) at ADPF 854, which determines the immediate restoration of public access to documents.
It is tiring to repeat: who receives public resources. It is a requirement and assumption to receive public money that is possible to society, not just bureaucrats, to know who received, how and why it was spent. All with access to primary and detailed information, directly at the source.
What is at stake is much more than access to PDFs. It is the right to oversee the state.
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