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Brazil

National Electronic System/ATI implementation (BR0110)

Overview

At-a-Glance

Action Plan: Brazil National Action Plan 2018-2021

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: Ministry of Transparency and Comptroller General of Brazil – CGU

Support Institution(s): Ministry of Transparency and Comptroller General of Brazil – CGU Transparency Secretariat/Brazilian Senate Federal Court of Accounts - TCU National Council for Internal Control - CONACI Comptroller General of the Federal District Article 19 Agenda Pública Getúlio Vargas Foundation

Policy Areas

Access to Information, E-Government, Public Participation, Right to Information

IRM Review

IRM Report: Brazil Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information , Technology

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Commitment 11: Develop a National Electronic System for information requests (e-Sic) in order to implement the Access to Information Law (LAI) in states and municipalities.
Lead government institution Ministry of Transparency and Comptroller General of Brazil – CGU
Civil servant in charge for implementing at lead government institution Adenísio Álvaro de Souza
Position - Department General Coordinator/Federative Cooperation and Public oversight Coordination
E-mail adenisio.souza@cgu.gov.br
Telephone (61) 2020-6516
Other involved actors Government Ministry of Transparency and Comptroller General of Brazil – CGU
Transparency Secretariat/Brazilian Senate
Federal Court of Accounts - TCU
National Council for Internal Control - CONACI
Comptroller General of the Federal District
Civil Society Article 19
Agenda Pública
Getúlio Vargas Foundation
Status quo or problem/issue to be addressed Lack of established channels to follow up and referral to access to information requests on state and municipal levels.
Main objective Create a unified platform for access to information requests, available with no cost for states and municipalities.
Commitment short description The commitment intends to increment the access to information on state and municipalities levels by, mostly, creating and implementing a unified platform for access to information requests, with no cost for subnational entities.
OGP Challenge addressed by the Commitment Increase the availability of information about governmental activities
Support civic participation
Expand the access to new technologies in order to disclosure and promote accountability.
Commitment relevance Increase the access to information on state and municipalities levels
Goal Increase the level of implementation of LAI between federated entities.
Situation Initiated in October 2018.
Results description Not available.
Implemented until July/2020

Verifiable and measurable milestones to fulfill the Commitment Start date: End date: Responsible:
LAI diagnoses on states and municipalities
10/01/2018
03/31/2020 Public Agenda
FGV*
TCU
Identification of partners (managers and society) to promote engagement.

10/01/2018

10/31/2018 CGU/CFECS
TCU
Article 19*
FGV
Public Agenda
Development of an analyses over the technical viability of the System 10/01/2018 10/31/2018
CGU*
Develop a survey about the System
10/01/2018
10/31/2018 Brazilian Senate/ Secretariat for Transparency*
CGU
Definition of requirements and demands of the System 10/01/2018 12/31/2018 CGU*
CGDF
Establishment of the System

01/01/2019
06/30/2019
CGU*
Execution of articulation actions with transparency fostering programs

01/01/2019

06/30/2019 CGU*
Brazilian Senate/ Secretariat for Transparency*
FGV
Creation of support materials for managers and society
03/01/2019
06/30/2019 Article 19*
TCU
Brazilian Senate
Public Agenda

Creation of advertising campaigns over the System/LAI

10/01/2018

07/31/2020 CGDF
Brazilian Senate/ Secretariat for Transparency
CGU*
Article 19
TCU
Public Agenda

IRM Midterm Status Summary

11. Governmental Transparency—Access to Information Act in States and Municipalities

Language of the commitment as it appears in the action plan:

“Create a unified platform for access to information requests, available with no cost for states and municipalities.”

11.1. LAI diagnoses on states and municipalities

11.2. Identification of partners (managers and society) to promote engagement.

11.3. Development of an analyses over the technical viability of the System

11.4. Develop a survey about the System

11.5. Definition of requirements and demands of the System

11.6. Establishment of the System

11.7. Execution of articulation actions with transparency fostering programs

11.8. Creation of support materials for managers and society

11.9. Creation of advertising campaigns over the System/LAI

Start Date: January 2018                                                                           End Date: July 2020

Editorial note: to see the complete text, visit https://www.opengovpartnership.org/documents/brazil-national-action-plan-2018-2020/.

Context and Objectives

The commitment aims to address the lack of established channels to follow up on access to information requests at the state and municipal levels. In the executive branch at the federal level, access to information portals have become well established since the Access to Information Law (LAI) passed in 2012. These portals are supervised by the Comptroller-General’s Office of the Union and include support for data sharing and capacity building for public actors. [73] Outside the executive branch, other agencies are responsible for the same process, and states and municipalities are required to pass their own legislation and implement similar models. Through these efforts, freedom of information has improved considerably in the past several years in both states and municipalities across the country. [74]

However major challenges remain. Academics have shown that 50 percent of the responses to information requests exceed the time limits established by law and that information to track progress is limited to generic quality indexes, such as time stamps of decisions made during the process. [75] In a study of information requests made between 2013 and 2017, the response rate at the federal level was significantly higher than that at the state and municipal levels—91 percent, compared to 53 percent and 44 percent, respectively. Furthermore, only 37 percent of all state-level and 54 percent of all municipal-level responses scored as minimally accurate or better, compared to 74 percent at the federal level. [76]

To address the challenges resulting from LAI implementation, this commitment aims to create a unified platform for access to information requests. The platform would be available at no cost to states and municipalities.

The commitment proposes a set of policy activities to develop the new platform (Milestones 11.1−11.3) and tools for designing system specifications (11.4 and 11.5), and for the platform’s launch along, with an accompanying awareness campaign (11.6−11.9).

The commitment is specific enough to be verifiable and addresses access to information through the use of technology.

The IRM researcher received feedback from three stakeholders regarding this commitment, all of whom highlighted the importance of the initiative in standardizing access to information in Brazil. Joara Marchezini, of the civil society organization (CSO) Article 19 Brasil, believes the quality of service delivery is an urgent issue in advancing transparency in Brazil. Valdênia Santos Souza, from the Comptroller-General’s Office of the Union, argued civil society expertise can improve mechanisms of social control. Gregory Michener, from Fundação Getulio Vargas [77] stated that a unified portal is critical for progress in service delivery at subnational levels.

The commitment is an important step to help state and local governments improve their access to information portals. It could provide them with the tools and capacity building support necessary to bring their performance in processing information requests to the same level or above that of the federal government. It could make it easier for citizens to start an access to information request. Three clicks or less is a criterion that Article 19 considers key in the implementation of LAI. [78] And such platforms would also allow participating portals to be seamlessly monitored and their data compared, which is currently not possible.

In spite of these positive potential outcomes, the commitment is limited to the creation of the platform and is limited in scale. Without the platform’s uptake, implementation is uncertain. And with an uncertain assessment of the platform’s uptake, the commitment’s potential impact is considered moderate.

Next steps

The commitment is highly relevant to open government efforts in Brazil. It continues a trend of including commitments to strengthen access to information standards, a trend followed by all of the country’s previous action plans. This commitment addresses a critical area: improving transparency across municipalities and states by means of transparency portals. [79]

To increase the commitment’s impact, its offerings should be widely advertised with governments and civil society across the country, as its impact will ultimately depend on the update of the platform the commitment proposes. Besides increasing awareness, capacity building among state and municipality officials will be critical. Researchers have attributed poor performance in the processing of information requests, in part, to lack of awareness of both the access to information law and the agency responsible for implementing the law within their jurisdictions. [80] Addressing this knowledge gap could help propel this commitment into having a significant impact in the country.

[74] CGU, “Transparency Brazil Scale,” state-level evolution, https://relatorios.cgu.gov.br/Visualizador.aspx?id_relatorio=22; CGU, “Transparency Brazil Ranking,” municipal level, third edition, https://relatorios.cgu.gov.br/Visualizador.aspx?id_relatorio=23
[75] Gregory Michener, Evelyn Contreras, and Irene Niskier, From Opacity to Transparency? Assessing the Access to Information Law in Brazil Five Years Later, 2018. http://www.scielo.br/scielo.php?script=sci_arttext&pid=S0034-76122018000400610&lng=pt&nrm=iso&tlng=pt.
[76] Ibid.
[77] Fundação Getúlio Vargas.
[78] Article 19, “Panorama of Electronic Access to Information Systems 2019,” https://artigo19.org/wp-content/blogs.dir/24/files/2019/05/A19_ESICS_web_2019.pdf.
[79] Government of Brazil, "Brazil Transparent Scale—Passive Transparency," gov.br, accessed August 2019, http://bit.ly/33bmGmH.
[80] Michener, Contreras, Niskier. From Opacity to Transparency?  

Commitments

  1. Subnational Good Governance

    BR0100, 2018, Capacity Building

  2. Open Data Policy

    BR0101, 2018, Access to Information

  3. Scientific Data Governance

    BR0102, 2018, Access to Information

  4. Capacity-Building and Oversight on Nutrition Policy

    BR0103, 2018, Capacity Building

  5. Transport Data

    BR0104, 2018, E-Government

  6. Transparency and Oversight in Infrastructure Repair Processes

    BR0105, 2018, Capacity Building

  7. Increase Participation in Legislative Process

    BR0106, 2018, Capacity Building

  8. Urban and Rural Land Registers

    BR0107, 2018, E-Government

  9. Climate Change Policy Evaluation

    BR0108, 2018, E-Government

  10. Water Resource Management

    BR0109, 2018, Capacity Building

  11. National Electronic System/ATI implementation

    BR0110, 2018, Access to Information

  12. Open Data on the Federal Government

    BR0084, 2016, Access to Information

  13. Transparency of Public Funds

    BR0085, 2016, Capacity Building

  14. Access to Information Policy in the Federal Government – Promptness and Effectiveness to Information Requests

    BR0086, 2016, Access to Information

  15. Access to Information Policy in the Federal Government – Requesters’ Personal Information Safeguard

    BR0087, 2016, Access to Information

  16. Effectiveness of National Policy for Social Participation Mechanisms

    BR0088, 2016, Capacity Building

  17. Starred commitment Digital Educational Resources

    BR0089, 2016, Capacity Building

  18. Open Data and Information Governance in Health

    BR0090, 2016, Access to Information

  19. Prevention to Torture and Mean, Inhuman, or Humiliating Treatments in the Penitentiary System

    BR0091, 2016, Access to Information

  20. Innovation Spaces for Management in Public Services

    BR0092, 2016, Capacity Building

  21. Assessment and Streamline of Public Services

    BR0093, 2016, E-Government

  22. Open Innovation and Transparency in the Legislative

    BR0094, 2016, Capacity Building

  23. Fostering Open Government in States and Municipalities

    BR0095, 2016, Capacity Building

  24. Transparency and Innovation in the Judiciary

    BR0096, 2016, Access to Justice

  25. Social Participation in Federal Government’S Planning Cycle

    BR0097, 2016, E-Government

  26. Open Data and Active Transparency in Environment Issues

    BR0098, 2016, Access to Information

  27. Mapping and Participatory Management for Culture

    BR0099, 2016, Access to Information

  28. Probity Defense and Asset Recovery

    BR0033, 2013, Anti-Corruption

  29. Development of a Methodology for Social Participation on the Monitoring of the Pluriannual Plan (PPA) and on the Formulation of the Federal Public Budget

    BR0034, 2013, Capacity Building

  30. Development of the Monitoring System for the Social Movements Demands

    BR0035, 2013, Capacity Building

  31. Capacity-Building of Educators, Political Agents, Public Managers, Councilors for Social Policies and Community Leaderships

    BR0036, 2013, Capacity Building

  32. Encourage States and Municipalities to Endorse the OGP Four Principles

    BR0037, 2013, Capacity Building

  33. Implementation of the ODP.Nano

    BR0038, 2013, Fiscal Openness

  34. Strengthening of the Office of the Comptroller General (CGU)

    BR0039, 2013, Anti-Corruption

  35. Online Accountability of Resources for Education Within the National Fund for Education Development

    BR0040, 2013, E-Government

  36. Generation of Knowledge and Capacity-Building of Managers and Public Resources Operator’S Partners and of Councilors for Social Control

    BR0041, 2013, Capacity Building

  37. National Program for Strengthening School Councils

    BR0042, 2013, Capacity Building

  38. Development of a Unified and Interactive Information Panel on the Implementation of the Water for All Program, Which Can Be Publicly Accessed Through the Internet

    BR0043, 2013, Capacity Building

  39. Digital Inclusion of Health Councils

    BR0044, 2013, E-Government

  40. Starred commitment Development of Tools for Increasing Transparency and Enhancing Land Governance

    BR0045, 2013, E-Government

  41. Implementation of the Document Management Policy in the Federal Government

    BR0046, 2013, Capacity Building

  42. Development of the “Access to Information Library”

    BR0047, 2013, Access to Information

  43. Disclosure of Data from the Execution of the Union Budget and from Government Purchases

    BR0048, 2013, Access to Information

  44. Dissemination of the Public Open Data Culture to the Local Governments

    BR0049, 2013, Access to Information

  45. Development of Support Technologies and Licensing Models for the Disclosure of Open Data

    BR0050, 2013, Access to Information

  46. Disclosure of Information from Government Systems in an Open Data Format

    BR0051, 2013, Access to Information

  47. Corporative Information Management in Social Security (E-Governance)

    BR0052, 2013, E-Government

  48. Improvement of Active Transparency and of the Unique Health System’ Ombudsman Unit

    BR0053, 2013, Access to Justice

  49. Strengthening of the National Audit System of the Unique Health System (SUS)

    BR0054, 2013, Anti-Corruption

  50. Increasing Public Transparency of the Labor Relations Secretariat of the Ministry of Labor and Employment

    BR0055, 2013, E-Government

  51. Disclosure of Recommendations to Carry Out Public Audiences to Serve as Reference for the Government

    BR0056, 2013, Capacity Building

  52. Development of a Database of the Federal Public Administration Purchases Prices

    BR0057, 2013, Anti-Corruption

  53. Participatory Audits on the Constructions of Brazilian Host Cities for the 2014 FIFA World Cup

    BR0058, 2013, Anti-Corruption

  54. Development of an Indicators Model for Transparency of Brazilian Municipalities Institutional Development

    BR0059, 2013, Capacity Building

  55. Development of a Brazilian Portal for the Open Government Partnership (OGP)

    BR0060, 2013, E-Government

  56. Development of Monitoring Reports on the Electronic Citizen Information System (e-SIC)

    BR0061, 2013, Access to Information

  57. Encouragement of Social Participation

    BR0062, 2013, Anti-Corruption

  58. Formulation and Implementation of the Ministry of Defense’S Information Management Policy

    BR0063, 2013, Records Management

  59. Development of a Database of Administrative Documents Produced by Brazil’S Navy

    BR0064, 2013, Public Participation

  60. Open Educational Data

    BR0065, 2013, Access to Information

  61. Improvement of Data Transparency from the National Consumer Protection Information System (Sindec)

    BR0066, 2013, Access to Information

  62. Restructuring of the Brazilian Federal Government Transparency Portal

    BR0067, 2013, Access to Information

  63. Electronic System for Public Consultations

    BR0068, 2013, E-Government

  64. Improvement of Health Services Through the Increased Use of the National Health Card

    BR0069, 2013, Health

  65. Participatory Development of the Federal Ombudsman System

    BR0070, 2013, Justice

  66. “Brazil Transparent” Program

    BR0071, 2013, Access to Information

  67. Development of the Unique Health System Letter

    BR0072, 2013, Health

  68. Digital Cities Project

    BR0073, 2013, E-Government

  69. Development of the National System for the Promotion of Racial Equality (SINAPIR)

    BR0074, 2013, Human Rights

  70. Improvement of Mechanisms for Social Participation in the Formulation of Public Policies

    BR0075, 2013, Public Participation

  71. Brazilian Portal for Social Participation

    BR0076, 2013, E-Government

  72. Open Data in the Ministry of Justice

    BR0077, 2013, Access to Information

  73. Improvement of the Pro-Ethics Company Registry

    BR0078, 2013, Private Sector

  74. Expansion of the Database of the National Debarment List (CEIS):

    BR0079, 2013, Anti-Corruption

  75. Monitoring of the National Plan for Food and Nutrition Security (PLANSAN)

    BR0080, 2013, Health

  76. Development of an Information System on the Maria Da Penha Law (Law No. 11,340/2006)

    BR0081, 2013, Gender

  77. Development of Processes for Prior Consultation Under the 169 Convention of the International Labour Organization’S (ILO)

    BR0082, 2013, Labor

  78. Redesign of the Current Protection Programs

    BR0083, 2013, Access to Justice

  79. Capacity Building Programs

    BR0001, 2011, Access to Information

  80. Distance Education Program

    BR0002, 2011, Access to Information

  81. Guide for Public Officials on Access to Information

    BR0003, 2011, Access to Information

  82. Information Services Model

    BR0004, 2011, Access to Information

  83. Diagnostic Study on the Transparency Values of Executive Branch

    BR0005, 2011, Access to Information

  84. Diagnostic Study on Role of Federal Ombudsman Units (FOUs)

    BR0006, 2011, Access to Information

  85. Research Study to Identify the Demands of Society in Regard to Access to Information

    BR0007, 2011, Access to Information

  86. Preparation of a Catalogue of Public Data and Information

    BR0008, 2011, Capacity Building

  87. Organization of a Meeting of the Inter-Council Forum Multi-Year Plan 2012–15 (Phase 2)

    BR0009, 2011, Capacity Building

  88. Organization of the 1st National Conference on Transparency and Social Control (1St Consocial)

    BR0010, 2011, Capacity Building

  89. Organization of the 1st National Open Data Meeting

    BR0011, 2011, Access to Information

  90. Organization of the National Seminar on Social Participation

    BR0012, 2011, Capacity Building

  91. Partnership with the Digital Culture Laboratory

    BR0013, 2011, Access to Information

  92. Partnership with World Wide Web Consortium (W3C) Brazil

    BR0014, 2011, Access to Information

  93. Development of the National Open Data Infrastructure (INDA)

    BR0015, 2011, Access to Information

  94. INDA Capacity Building Plan

    BR0016, 2011, Access to Information

  95. INDA Awareness- Raising Activities

    BR0017, 2011, Access to Information

  96. Launch of the Brazil Open Data Portal

    BR0018, 2011, Access to Information

  97. Resource Transfer Agreements and Contract System (SICONV)

    BR0019, 2011, Access to Information

  98. Aquarius Platform

    BR0020, 2011, Access to Information

  99. Data Warehouse

    BR0021, 2011, E-Government

  100. Restructuring the Transparency Portal

    BR0022, 2011, Access to Information

  101. Facilitate Access to Specific Databases

    BR0023, 2011, E-Government

  102. Interactive School Development Plan

    BR0024, 2011, E-Government

  103. Control Panel for the Integrated Monitoring and Oversight System (Public Module)

    BR0025, 2011, E-Government

  104. United Suppliers Registry (SICAF)

    BR0026, 2011, Access to Information

  105. Registry of National Education Prices

    BR0027, 2011, Anti-Corruption

  106. Contractual Management of IT Services

    BR0028, 2011, Anti-Corruption

  107. Implementation of Pro-Ethics Company Registry

    BR0029, 2011, Private Sector

  108. Systemic Integration of Ombudsman Units

    BR0030, 2011, Access to Justice

  109. Continued Training for Public Ombudsman Units

    BR0031, 2011, Access to Justice

  110. Public Services Portal

    BR0032, 2011, Access to Information

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