CHAPTER I

GENERAL PROVISIONS

Art. 1 This Law provides about the procedures to be observed by the União, States, Federal District and Municipalities, as a way of guaranteeing or accessing information provided not subsection XXXIII of art. 5th, No. subsection II do § 3º do art. 37 and § 2 nd art. 216 of the Federal Constitution.

Unique paragraph. Subordinam-se ao regime desta Lei:

I - the public bodies that are members of the direct administration of two Executive and Legislative Powers, including the Cortes de Contas, the Judiciary, and the Public Ministry;

II - autarchies, public foundations, public companies, mixed economy companies and other entities directly or indirectly controlled by the União, States, Federal District and Municipalities.

Art. 2 Applicable to the provisions of Lei, not that couber, to private entities that are lucrative for profit, for the realization of public interest projects, public resources directly from the government or through social grants, management contract, partnership term, agreements, accord, adjustments or other similar instruments.

Unique paragraph. The publicity to which the aforementioned entities are submissive caput Two parcels of public resources received and to their destination are referred to as par, prejudice of the provision of accounts to which they are legally bound.

Art. 3 The procedures established in this Law are intended to ensure the fundamental direction of access to information and must be executed in accordance with the basic principles of public administration and the following guidelines:

I - publicity observation as a general requirement and secrecy as an exception;

II - disclosure of information of public interest, regardless of requests;

III - use of communication means made possible by information technology;

IV - promotion or development of the culture of transparency in public administration;

V - development of social control of public administration.

Art. 4º For the purposes of this Law, it is considered:

I - information: data, processed or not, that can be used for the production and transmission of knowledge, contents in any medium, support or format;

II - document: unit of registration of information, whichever is attached or supports or format;

III - secretive information: that subject temporarily to restriction of public access due to its essential for the security of the State society;

IV - personal information: that related to identified or identifiable natural person;

V - treatment of information: set of actions referring to production, reception, classification, use, access, reproduction, transport, transmission, distribution, archiving, assembly, elimination, evaluation, destination or control of information;

VI - availability: quality of information that can be known and used by individuals, equipment or authorized systems;

VII - Authenticity: quality of information that has been produced, issued, received or modified by a specific individual, equipment or system;

VIII - integrity: quality of information not modified, including quantity to origin, transit and destination;

IX - primariedade: quality of information collected at source, as maximum possible detail, with modifications.

Art. 5 It must be guaranteed or direct access to information, which will be franked, through objective and flexible procedures, in a transparent, clear and easy to understand language.

CHAPTER II

DO ACCESS TO INFORMAÇÕES E DA SUA DIVULGAÇÃO

Art. 6 It corresponds to two bodies and entities of public power, observing the specific norms and procedures applied, ensuring:

I - transparent management of information, fostering access to its dissemination;

II - protection of information, guaranteeing its availability, authenticity and integrity; and

III - protection of confidential information and personal information, observed to its availability, authenticity, integrity and eventual restriction of access.

Art. 7º O acesso à informação that this Lei deals with includes, among others, the directives to obtain:

I - guidance on the procedures for obtaining access, bem as envelope or location where it can be found or obtained from information clamped;

II - information contained in records or documents, produced or accumulated by various bodies or entities, collected or not from public archives;

III - information produced or guarded by a physical person or private entity in respect of any link with its bodies or entities, just as this link has been terminated;

IV - primary, complete, authentic and up-to-date information;

V - information on activities carried out by organs and entities, including those related to its policy, organization and services;

VI - pertinent information to the administration of public assets, use of public resources, bidding, administrative contracts; and

VII - relative information:

  1. a) à implementation, support and results of two programs, projects and two bodies and public entities, as goals and proposed indicators;
  2. b) ao result of inspections, audits, performance and taking of accounts carried out by internal and external control bodies, including performance of accounts relating to previous years.
  • 1st Or access to information provided not caput It does not include information regarding scientific or technological research and development projects, with the secrecy of being essential to the security of the State society.
  • 2 nd When it was not authorized full access to information for being partially secretive, and assembled or access to part not confidential by means of certification, excerpt or copy with concealment of part of secrecy.
  • 3º Or direct of access to the documents or the information contained in them used as the basis of the decision and the administrative will be assembled with the edition of the respective decision.
  • 4º A refusal of access to the information object of the request made to the bodies and entities referred to in art. 1º, when not substantiated, subject or responsible to disciplinary measures, we do art. 32 deta Lei.
  • 5º Informed of the extra information requested, it will be able or interested to request the competent authority to immediately open the order to speed up or disappear the respective documentation.
  • 6º Verified to be hypothesized, provided for in § 5º of this article, or responsible for the guardianship of the missing information, it will not take 10 (ten) days, justification or fact and indicate testemunhas that prove your allegation.

Art. 8º It must have two bodies and public entities to promote, regardless of requirements, the disclosure in an easily accessible place, not in the scope of their competences, of information of collective or general interest for those produced or guarded.

  • 1º No disclosure of information to which it refers or caput, It should be stated, not minimum:

I - registration of competitions and organizational structure, addresses and telephone numbers of the respective units and hours of service to the public;

II - records of quaisquer reviews or transfers of financial resources;

III - records of despesas;

IV - information concerning bidding procedures, including the respective edits and results, as well as all contracts entered into;

V - Dives gerais for or accompanying programs, actions, projects and works of organs and entities; and

VI - answers to the most frequent questions of the company.

  • 2 nd For compliance of disposto no caput, The bodies and public entities must use all the legitimate means and instruments at our disposal, being obliged to disclose in official sites of the world network of computers (internet).
  • 3º The sites to which it deals or § 2º deverão, in the form of regulation, meet, among others, the following requirements:

I - content research document that allows access to information in an objective, transparent, clear and easy-to-understand language;

II - enable the recording of reports in various electronic formats, including openings by non-proprietors, such as templates and text, in order to facilitate information analysis;

III - enable or automated access by external systems in open, structured and machine-readable formats;

IV - disseminate in details the formats used for structuring information;

V - guarantee the authenticity and integrity of the information available for access;

VI - keep the information available for access up-to-date;

VII - indicate the location and instructions that allow the interested party to communicate, by electronic or telephone means, as the organization or entity holding the site; and

VIII - adopt the necessary measures to guarantee accessibility of content for people with deficiencies, we will art. 17 da Lei nº 10.098, dated December 19, 2000, and art. 9º da Convenção sobre os Direitos das Pessoas com Deficiência, approved by Legislative Decree nº 186, dated July 9, 2008.

Art. 9º Or access to public information will be assembled through:

I - creation of information services to the city, us organs and entities of public power, locally with appropriate conditions for:

  1. a) attend and guide the public as much as or access to information;
  2. b) report on the processing of documents to their respective units;
  3. c) protocolize documents and requirements for access to information; and

II - conducting audiences or public consultations, encouraging popular participation or other forms of dissemination.

CHAPTER III

DO ACESSO À INFORMAÇÃO PROCEDURE

Section I

Do Access Request

Art. 10. Any interested party may submit a request for access to information from the bodies and entities referred to in art. 1º desta Lei, for any legitimate reason, sale or request conter to the identification of the requestor and the specification of the required information.

  • 1º For or access to information of public interest, to the identification of the requestor, there may be no requirements that may not be requested.
  • 2º The bodies and entities of the public power must make viable the alternative of routing requests for access by means of six official sites on the Internet.
  • 3º São vedadas quaisquer exigencies related to the determining reasons of the request for information of public interest.

Art. 11. The organization or public entity must authorize or grant or immediate access to available information.

  • 1º Não sendo possível to grant or immediate access, in disposta no form caput, or organization or entity to receive or request will have, in case no more than 20 (twenty) days:

I - communicate to data, local and way to be carried out for consultation, carry out a reproduction or obtain a certification;

II - indicate the reasons for failure or direct refusal, total or partial, of the intended access; ou

III - Communicate that you do not have information, indicate, if your consent, or organization or entity is required, to be sent or requested to this body or entity, scientific or interested in the remittance of your request for information.

  • 2º or term referred to in § 1º may be extended for more than 10 (ten) days, by express justification, which will be scientifically or requesting.
  • 3º Prejudice of security and protection of information and compliance with the applicable legislation, or organization or entity may offer me so that the applicant may inquire about information that he or she needs.
  • 4º When it is not authorized or accessed because it is total or partially confidential information, or requesting information, it must be informed about the possibility of recourse, prazos e condições para sua interposição, devendo, ainda, ser-lhe has been indicated to competent authority for its appreciation.
  • 5º A information armed in digital format will be provided in this format, if there is a request.
  • 6º Case to information requested this available to the public in printed format, electronic or in any other way of universal access, will be informed to the request, in writing, or place in which form it will be possible to consult, obtain or reproduce said information, procedure is that it will desonerate or order or public entity gives its direct obligation, except if it is required to declare no provision for carrying out by itself the same procedures.

Art. 12. Or service of search and fornecimento da informação é gratuitous, except for a hypotheses of reproduction of documents by the organization or public entity consulted, situation in which it will be able to be charged exclusively or value necessary to or ressarcimento do custo dos serviços e dos materiais used.

Unique paragraph. It will be absent to repay the anticipated costs not caput Anyone whose economic situation does not allow it to be partially prejudiced by their own livelihood or family, declared that we are Lei nº 7.115, of August 29, 1983.

Art. 13. When it is a question of access to information contained in a document whose manipulation is prejudicial to its integrity, it must be offered upon consultation of a copy, with certification that it is original.

Unique paragraph. With no impossibility of obtaining copies, or interested party may request that, at his own expense and under the supervision of a public servant, the reproduction be confirmed by other means that he has not retained the original document.

Art. 14. I will direct the request to obtain or enter the theory of decision of refusal of access, by certification or copy.

Section II

Resources

Art. 15. No case of lack of access to information or reasons of refusal of access, will be able or interested to interpose an appeal against a decision no sooner than 10 (ten) days from the date of its existence.

Unique paragraph. Or an appeal will be directed to a hierarchically superior authority to that expelled to a contested decision, which must be declared non-term of 5 (five) days.

Art. 16. Denied or access to information by the bodies or entities of the Federal Executive Power, or requestor, may go to the Controller-General of Unity, who will deliberate no longer than 5 (five) days:

I - or access to information not classified as confidential for denied;

II - a decision to deny access to information totally or partially classified as confidential does not indicate to the classifying authority or to a hierarchically superior one that it is possible to be addressed a request for access or declassification;

III - The procedures for classifying confidential information established in this Lei have not been observed; and

IV - estiverem being neglected for other procedures foreseen in this Law.

  • 1º Or recourse envisaged in this article, it may be directed to the General Controllership of the Submissive, to the appreciation of the hair, less a hierarchically superior authority than that which is exerted by a contested decision, which will deliberate within 5 (five) days.
  • 2º Verified to procedural reasons, the Controller-General will determine the body or entity that endorses the necessary provisions to comply with the provisions of this Law.
  • 3rd Denied or access to information by the Controller-General of Unity, an appeal may be lodged with the Comissão Mista de Reavaliação de Informações, to which reference is made or art. 35.

Art. 17. No case of lack of request for declassification of information issued in the order of the federal public administration, will be able or requesting to go to the Minister of State of the area, sem prejudice of competitions of Comissão Mista de Reavaliação de Informações, provided no art. 35, e do disposto no art. 16.

  • 1º Or recourse envisaged in this article, it may be directed to the aforementioned authorities, who are submissive to the appreciation of hair, except for a hierarchically superior authority that authorizes a contested decision and, in the case of the Armed Forces, to the respective Command.
  • 2 nd Indeferred or intended resource no caput that has as its object the declassification of secret or ultrassecrete information, there will be recourse to Comissão Mista de Reavaliação de Informações provided for in art. 35.

Art. 18. The procedures for reviewing decree decisions issued no recourse provided for no art. 15 e review of the classification of confidential documents will be subject to the own regulation of the two Legislative and Judicial Powers of the Public Ministry, in their respective areas, assured to the applicant, in any case, or direct to be informed about or request.

Art. 19. (VETED).

  • 1rd (VETED).
  • 2º The bodies of the Judicial Power and of the Public Ministry shall inform the National Justice Council and the National Ministry of Public Affairs, respectively, of the decisions that, in their appeal, deny access to information of public interest.

Art. 20. It is applied subsidiarily, not that couber, to Lei nº 9.784, of January 29, 1999, ao procedure that this Chapter deals with.

CHAPTER IV

DAS RESTRIÇÕES OF ACCESS À INFORMAÇÃO

Section I

General Provisions

Art. 21. No one can be denied access to necessary information for judicial or administrative protection of fundamental grounds.

Unique paragraph. As information or documents that will be seen on conducts that imply violation of two human directions practiced by public agents or at the command of public authorities, it will not be possible to be restricted from access.

Art. 22. The provisions of this Law do not exclude other hypotheses of secrecy and of secrecy of justice, as well as hypotheses of industrial secrecy that are relevant to the direct exploration of economic activity by State or by physical weight or private entity that has any link with power. public.

Section II

Gives the Classification of Information as much as Grau e Prazos de Sigilo

Art. 23. They are considered essential to the security of the society and of the State and, therefore, pass of classification as information with disclosure or unrestricted access:

I - for the defense of national sovereignty or integrity of the national territory;

II - prejudice or due to the conduct of negotiations or international relations of the Country, or those that have been provided in a secret character by other States and international organizations;

III - for the risk of life, security or the health of the population;

IV - offer high risk to financial, economic or monetary stability of the Country;

V - prejudice or cause risk to plans or strategic operations of the Armed Forces;

VI - prejudice or cause risk to research projects and scientific or technological development, as well as systems, bens, facilities or areas of national strategic interest;

VII - due to the security of institutions or high national authorities or foreign and family members; ou

VIII - undertake intelligence activities, such as investigation or control in progress, related to prevention or repression of infractions.

Art. 24. A information in the power of two bodies and public entities, observed or under the theory of their imperative for security in the society of the State, may be classified as secret, secret or reserved.

  • 1º The maximum limits of restriction of access to information, according to the planned classification no caput, vigoram from the date of its production and the following:

I - top secret: 25 (twenty five) years;

II - secret: 15 (fifteen) years; and

III - reserved: 5 (five) years.

  • 2 nd As information that we can place on the cliff to the President and Vice-President of the Republic and their respective partners and children will be classified as reserved and the secrecy of the term or term of office in the last term, in the case of reelection. .
  • 3º As an alternative to the foreseen periods not § 1º, it may be established as the final term of restriction of access to the occurrence of a certain event, since this occurs before the maximum classification period has elapsed.
  • 4º Course or classification stage or completed or event that defines or its final term, to information automatically, of public access.
  • 5º For the classification of information in a certain degree of secrecy, it must be observed or public interest of the information and used or less restrictive criteria possible, considered:

I - to the risk of the risk or damage to the security of the State society; and

II - or maximum period of access restriction or event that defines your final term.

Section III

Protects and Controls Stealth Information

Art. 25. It is up to the State to control or access the disclosure of confidential information produced by its various bodies and entities, assuring its protection. (Regulation)

  • 1º O acesso, a divulgação eo treatmento de informação classified as stealthy ficarão Restricted to people who have need of conhecê-la e sejam duly credentials in the form of regulation, sem prejudice of two public agents authorized by lei.
  • 2º Or access to information classified as stealthy breeding to obrigação for those who obtain to protect or stealth.
  • 3º Regulation shall provide on procedures and measures to be adopted for the treatment of confidential information, in order to protect against loss, improper alteration, access, transmission and disclosure not authorized.

Art. 26. The public authorities shall provide the necessary provisions so that the person subordinated hierarchically conforms to the norms and observes the security measures and procedures for the treatment of confidential information.

Unique paragraph. In spite of any physical or private entity that, by virtue of any link with the public power, executing activities for the treatment of stealthy information will provide the necessary provisions for its employees, representatives or representatives to observe the security measures and procedures resulting from the application of this application. I read.

Section IV

Two Classification Procedures, Reclassification and Declassification

Art. 27. A classificação do sigilo de informações no âmbito da administracion public federal e de competência: (Regulation)

I - not ultra-secret, you give the following authorities:

  1. a) President of the Republic;
  2. b) Vice-President of the Republic;
  3. c) Ministers of State and authorities with the same prerogatives;
  4. d) Commanders of Marinha, of the Army and of Aeronautics; and
  5. e) Heads of Missões Diplomáticas e Consular permanent no exterior;

II - not free of secrecy, the authorities referred to in paragraph I, two holders of autarchies, foundations or public companies and mixed economy companies; and

III - not reserved, the authorities referred to in paragraphs I and II and that exercise functions of direction, command or chefia, level DAS 101.5, or superior, of Grupo-Direção e Assessoramento Superior, or of equivalent hierarchy, according to specific regulation of each body or entity, observed or disposition of this Law.

  • 1º In accordance with the provisions of paragraphs I and II, not that it refers to classification as ultra-secret and secret, it may be delegated by the authority responsible to a public agent, including a non-foreign mission, closed to subdelegation.
  • 2º A classificação de informação no grau de sigil ultrassecreto by the authorities envisaged on the lines “d” and “e” of subsection I shall be ratified by the respective Ministers of State, not provided for in regulations.
  • 3º A authority or other public agent that classifying information as ultrassecrete must lead to a decision in question or art. 28 à Comissão Mista de Reavaliação de Informações, referred to or art. 35, no period foreseen in regulation.

Art. 28. A classificação de informação em qualquer grau de sigilo must be formalized in a decision that will contain, not a minimum, the following elements:

I - matter about or what is related to information;

II - foundation of the classification, observed the established criteria no art. 24;

III - indication of the term of secrecy, counted in years, months or days, or the event that defines or its final term, according to the limits established by art. 24; and

IV - identification of the authority to classify.

Unique paragraph. No decision referred caput It will be kept no less than the confidentiality of classified information.

Art. 29. A classificação das informações will be revalidated by the classificatory authority or by a hierarchically superior authority, by means of provocation or of office, we end up with the foreseen arms in regulation, with a view to its declassification, observed or otherwise art. 24. (Regulation)

  • 1º O regulation to which it refers o caput You must consider the peculiarities of the information produced outside by authorities or public agents.
  • 2º Na reavaliação to which it refers o caput, There must be two permanent reasons for stealth and the possibility of damage due to access or disclosure of information.
  • 3º In the hypothesis of reducing the confidentiality of information, or the new restriction will keep as initial thermometer to data of its production.

Art. 30. To the maximum authority of each organization or entity, it will publish, annually, on the Internet and destined for data circulation and administrative information, we regulate terms:

I - rol das informações that have been declassified in the last 12 (doze) months;

II - role of classified documents in each degree of secrecy, with identification for future reference;

III - statistic report containing the quantity of requests for information received, attended and undeferred, as generic information on the applicants.

  • 1º The bodies and entities must be exempt from the planned publication no caput for public consultation at its headquarters.
  • 2º The bodies and entities manterão extract with a list of classified information, accompanied by data, with the secrecy of two classificação foundations.

Section V

Personal Information

Art. 31. The treatment of information must be transparent, and with respect for privacy, privacy, honor and image of people, as liberties and individual guarantees.

  • 1º As informações pessoais, to which this article refers, relating to privacy, privacy, honor and image:

I - terão seu restricted access, regardless of classification of secrecy and hair for a maximum term of 100 (cem) years counting from its production date, to legally authorized public agents and to whom they refer; and

II - may be authorized to disclose or access by third parties due to legal provision or express consent of the person to which they refer.

  • 2º Anyone who obtains access to the information that this article deals with will be held responsible for its improper use.
  • 3º Or consent referred to in subsection II of § 1º will not be required when the necessary forem information:

I - for prevention and medical diagnosis, when the person is physically or legally incapable, and for use solely and exclusively for medical treatment;

II - the performance of statistics and scientific investigations of obvious public or general interest, provided for in law, being forbidden to identify the person to whom the information is referred;

III - year of judicial order compliance;

IV - defense of human rights; ou

V - à protection of preponderant public and general interest.

  • 4º To restriction of access to information related to private life, honor and image of the person, it cannot be invoked as a matter of prejudice to the process of expediting irregularities in which the owner is involved in the information, as well as in the case of recovering data. of historical relevance.
  • 5th Regulation provides for the procedures for treating personal information.

CHAPTER V

GIVES RESPONSIBILITIES

Art. 32. It constitutes illegal conducts that teach responsibilities of the public or military agent:

I - refusing to provide required information, if we are, deliberately or intentionally delaying or providing it in an incorrect, incomplete or imprecise manner;

II - use improperly, bem like subtracting, destroying, disabling, defacing, altering or hiding, totally or partially, information that is found in its custody or to which it has access or knowledge on the basis of exercise of attributions of charge, undertaking or public function ;

III - agir as malice or more to analyze the requests for access to information;

IV - disclose or allow the disclosure or access or allow unwanted access to confidential information or personal information;

V - important confidentiality of information to obtain personal or third party benefit, or for purposes of concealment of illegal act committed by yourself or by outrem;

VI - hide the review of the competent superior authority confidential information to benefit yourself or outsiders, or against the prejudice of third parties; and

VII - destroy or subtract, by any means, documents concerning possible violations of human rights by State agents.

  • 1st Attended or principle of adversity, gives the defense and due to legal process, as described caput will be considered:

I - for the purpose of two disciplinary regulations of Armed Forces, medium or serious military transgressions, second to the established criteria, since they are not classified in law as crime or criminal offense; ou

II - for purposes of disposto na Law No. 8.112, dated December 11, 1990, and its alterations, administrative infractions, which should be regretted, not least, with suspension, according to the established criteria.

Art. 33. A physical or private entity that provides information in virtue of the bond of any nature as a public power and must be observed or provided by this Law shall be subject to the following sanctions:

I - warning;

II - fine;

III - rescisão do tie as a public power;

IV - temporary suspension from participating in the bidding process and impediment from contracting with a public administration for a term not exceeding 2 (two) years; and

V - declaration of eligibility to tender or contract with the public administration, at which it is promoted to rehabilitation before the own authority that applied to penalties.

  • 1º As sanções envisaged in subsections I, III and IV may be applied together with subsection II, assembled or direct defense of interest, not respective process, not 10 (ten) days period.
  • 2º A reactivation referred to in subsection V will be authorized when or interested in making or reserving the organization or entidade two prejudices resulting from the apparence or prazo da sanção applied on the basis of subsection IV.
  • 3º To the application of the sanction foreseen not paragraph V is of exclusive competence of the highest authority of the body or public entity, empowered to defend the interested party, not the respective process, not for 10 (ten) days from the opening of the hearing.

Art. 34. The bodies and public entities respond directly to the damage caused in decorrência of the disclosure not authorized or use of information stealthy or information pessoais undue, being a hurry of functional responsibility in cases of fraud, fault, insured or respective return address.

Unique paragraph. Or this article applies to a physical or private entity that, by virtue of the link of any nature with organs or entities, has access to confidential information and is subject to improper treatment.

CHAPTER VI

FINAL AND TRANSITORY DISPOSIÇES

Art. 35. (VETED).

  • 1º It has been instituted a Comissão Mista de Reavaliação de Informações, which will decide, not in the scope of the federal public administration, on or treatment and classificação de informações sigilosas e terá competência para:

I - require the authority to classify information as ultra-secret and secret clarification or content, partial or comprehensive information;

II - review the classification of ultra-secret or secret information, of trade or through provocation of interested persons, observed or disposition no art. 7th and other devices desta Lei; and

III - extend or secrecy period of information classified as ultra-secret, always for a determined period, within or without access or disclosure could cause external ameaça to national sovereignty or to integrity of national territory or serious risk to international relations of the Country, observed or planned period no § 1 of art. 24.

  • 2º Or term referred to in subsection III is limited to a single renovation.
  • 3º A revision of office referred to or subsection II of § 1 must be carried out, not maximum, every 4 (four) years, after a planned reavaliação no art. 39, when it comes to top secret or secret documents.
  • 4º A não deliberação sobre a revisão pela Comissão Mista de Reavaliação de Informações our planned deadlines no § 3º will imply automatic declassification of information.
  • 5th Regulation shall provide for the composition, organization and operation of the Commiso Mista de Reavaliação de Informações, observed or mandate of 2 (two) years for its members and other dispositions of Lei.(Regulation)

Art. 36. The treatment of stealthy information resulting from treaties, agreements, or other international matters shall comply with the rules and constant recommendations of these instruments.

Art. 37. It has been instituted, not the area of ​​the Cabinet of Institutional Security of the Presidency of the Republic, or the Nucleus of Security and Credentials (NSC), which fears for objectives: (Regulation)

I - promote and provide regulation of the security credential of physical persons, companies, bodies and entities for the treatment of confidential information; and

II - guarantee the security of confidential information, including those coming from countries or international organizations such as the Federative Republic of Brazil have signed a treaty, agreement, contract or any other international act, with prejudice to the attributes of the Ministry of Foreign Relations and two others competent bodies.

Unique paragraph. Regulation will provide the composition, organization and operation of the NSC.

Art. 38. Apply, not that couber, to Lei nº 9.507, dated November 12, 1997, em relação à informação de pessoa, physical ou juridico, constant of registry ou data bank of governamentais entities ou of public nature.

Art. 39. The bodies and public entities shall proceed to reavaliação das informações classified as ultrassecretas e secretas no maximum period of 2 (two) years, counted from the initial term of supervision of Lei.

  • 1º To restriction of access to information, in reason of the planned revaluation not caput, You must observe the foreseen conditions and conditions in this Lei.
  • 2º No scope of the federal public administration, with a planned revaluation not caput It may be a magazine, at any time, according to the Comissão Mista de Reavaliação de Informações, observed the terms of this Lei.
  • 3º Enquanto não transcorrido or prazo de reavaliação planned no caput, It will be kept to classify the information we have in the preceding legislation.
  • 4º As information classified as secret and ultrassecretas not revaluated no foreseen period no caput will be automatically considered public access.

Art. 40. No term of 60 (sixty) days, counting from the date of the Lei, or the maximum leader of each organization or entity of the direct and indirect federal public administration shall designate authority that is directly subordinate to, not the scope of the respective organization or entidade, exercer as following attributes:

I - assure or comply with the rules regarding or access to information, in an efficient way and appropriate to the objectives of this Lei;

II - monitor the implementation of the provisions of this Law and present periodic reports on or compliance;

III - to recommend the necessary measures for the implementation of the norms and procedures necessary to comply with the provisions of this Law; and

IV - guide the respective units not referring to or complying with the provisions of this Law and its regulations.

Art. 41. O Federal Executive Branch will designate the federal public administration responsible:

I - promotion of a national openness campaign to promote culture of transparency in public administration and awareness of the fundamental directive of access to information;

II - training of public agents not referring to or development of practices related to transparency in public administration;

III - by monitoring the application of the law not within the scope of the federal public administration, concentrating and consolidating the publication of statistic information related to non-art. 30;

IV - going to the National Congress of annual report with information pertaining to implementation of this Law.

Art. 42. The Executive Power will regulate or dispose of this Law no longer than 180 (one hundred and eighty) days from the date of its publication.

Art. 43. Or item VI do art. 116 days Lei no 8.112, dated December 11, 1990, shall read as follows:

"Art. 116. ………………………………………………………….

.............................................................................................................

VI - take the irregularities of which it owes reason in charge to or conhecimento of the superior authority ou, when houver have suspended the involvement of this, to the conhecimento of our authority competent for apuração;

……………………………………………………………………… ”(NR)

Art. 44. O Chapter IV of Title IV of Law No. 8.112, of 1990, goes on to become accreted of the following art. 126-A:

"Art. 126-A. Nenhum server may be held civilly, criminally or administratively liable for giving authority to superior authority ou, when there is suspension of involvement, to another authority competent for the assurance of information concerning the practice of crimes or impropriety of which he has been convicted, in addition to decormência do office, charge, or public function. ”

Art. 45. It is up to the States, the Federal District and the Municipalities, in their own legislation, obeying the general rules established in this Law, to define specific rules, especially as provided in art. 9º e na Seção II do Chapter III.

Art. 46. Revogam-se:

I - a Lei nº 11.111, of May 5, 2005; e

II - os arts. 22 to 24 da Lei nº 8.159, of January 8, 1991.

Art. 47. This Law comes into force 180 (one hundred and eighty) days after the date of its publication.

Brasília, 18 of November of 2011; 190 of Independence and 123 of the Republic.