O direito de acesso à informação como elemento no combate à corrupção no Sistema Interamericano de Direitos Humanos e no ordenamento jurídico brasileiro : políticas públicas interamericanas e nacionais.

Abstract

The corrupting practices affect the social relations and, mainly, the relations between the public and the private. Their losses weaken the economy, delegitimize the political order and threat the work of public institutions. In this context, as a form of confrontation of this phenomenon, areas such as philosophy, sociology and political science make an effort to outline their aspects, in order to contribute for its combat. In the same way, the right of access to information, human and fundamental right, provided in the Brazilian Federal Constitution and regulated by the Inter-American Human Rights System, acts as an instrument of prevention against corruption, since the access to public information given to citizens allows the control of the state activity. Therefore, the central question presented in this paper consists of: Do the legal mechanisms and decisions of the Inter-American Human Rights System bring the right of access to information as an element to fight corruption and do the Brazilian public policies incorporate this bond? To solve this matter, it will be used the hypothetical-deductive approach method, the analytical procedure method and the bibliographical research technique. As a hypothesis, the Inter-American Human Rights System works with the right to access to information as an element in the fight against corruption, since, insofar as public institutions do not provide mechanisms for access to information, there is room for corruption. The analysis of provisions and decisions of the Inter-American System of Human Rights presents a possible relationship between access to information and corruption, reinforcing this conception, which can also be evidenced in national access mechanisms. This paper is linked to the Contemporaneous Constitutionalism research line, as the constitutional phenomenon is studied in its aspect of juridical consolidation of assurances unique to a highly complex society, because of the normative plurality which is particular to itself. It is part of a line of State, Society and Public Administration research and of a research project entitled “Corrupting Pathologies: the multiple faces of the Hydra”, aiming to analyze the corruption, passing through, for that, different perspectives and verifying, consequently, the mechanisms of prevention and to fight corruption connected to the mechanisms of access to information. This research has been conducted with support from the Coordination for the Improvement of Higher Education Personnel (CAPES), code of grant 001. To this work, it will be given appreciation due to the fact that the right of access to information becomes an element to fight corruption, as it can be verified in the mechanisms and decisions of the Inter-American Human Rights System and this connection is still observed in the national public policies, resulting from the Mechanism for the Implementation of the Inter-American Convention against Corruption. The first chapter will analyze the causes and consequences of corruption as a multiple-face phenomenon. The second chapter will study the right of access to information to combat corruption. And the third chapter will analyze the inter-American public policies and the national right to access information as an element in the fight against corruption.