MP-SP (from São Paulo) omitted information on how much retroactive values should be prosecutors and prosecutors after request from Sheet via LAI (Law of Access to Information) on the grounds that the disclosure would offend the LGPD (personal).
Experts consulted by the report say that the negative of access to data on the compensation of members of the institution represents a misuse of the law to restrict information that should be public. They point out that the measure is equivalent to a dribble to the lai.
The agency states that it provided the requested information and that the liabilities are auditable, with the budget execution submitted to the control of the Court of Auditors and the CNMP (National Council of the Public Prosecution Service). It also says that payments follow the legislation, judicial decisions and deliberations of the board.
In April, the report requested the list of arrears that the institution had to pay to active and inactive members – the total of funds for past years due to each of them. How it showed the SheetA, but the organ did not detail how much it is due to each person.
The formal response, provided more than a month after the request, cited tracks paid monthly as compensation for overdue amounts, but did not identify the professionals or specifically justified the payments. Asked about the omission, the MP-SP said the demand had already been contemplated.
In a statement, the institution stated that “reiterates the previously sent data”, that “all its liabilities are auditable” and that “the institution’s budgetary execution is submitted to the control of the State Court of Accounts and the National Council of the Public Prosecution Service (CNMP)”.
He also said it was “important to note that the recognition of credits to prosecutors and prosecutors is based on the legislation, judicial decisions and the CNMP itself.”
Lawyer Marcelo Cargano, which specializes in data protection and digital law, says LGPD is a law that creates governance, establishes rules and principles that should govern data processing, and that LAI provides for the efficiency and transparency of public administration.
“You have to have privacy, ensuring the protection of citizens’ intimacy, individuals, but it cannot give up a democracy of public transparency. The issue of these bonds, this remuneration of public servants, is a matter of public interest,” he says.
According to him, one of the legal hypotheses that authorize the processing of personal data is the fulfillment of legal obligation, but there is also the execution of public policies and the protection of the public interest. “So you can’t say that LGPD will restrict or limit the range of LAI.”
columnist for Sheet And Advocacy Director of Stay Knowing, an organization specialized in access to public information, says that the requested data is in public interest and could not have access denied on the basis of LGPD. The law, he says, should serve to protect citizens, not bar access to information.
For Morassutti, the institution could have restricted access if the request involved personal information, such as the promoter address, without justification of public interest, which was not the case. “It’s a shame, a setback for the image of the prosecutor,” he says.
The opinion is corroborated by André Boselli, program coordinator of the NGO Article 19. According to him, these penduricals are part of the remuneration of members of the Public Prosecution Service. Thus, the requested information should be, by definition, public via access law.
“Regardless of how to give this process of access to information, which answers are given, it is public information, and this cannot be lost sight of,” says Boselli, who points out a scenario of lack of transparency, especially with regard to the judiciary and the prosecutor.
He says: “There is no problem with LGPD so that information that should be public is not, by law. This does not exist. What exists is a mistaken interpretation of the LGPD that is used to deny access to public information more generally and abstract.”
