2023-12-24 15:06:52
Rodrigo Costa/Alesp
Inauguration of Governor Tarcísio Freitas – 01/01/2023
The governor of São Paulo, Tarcísio de Freitas (Republicans), signed a decree that changed the regulation of the Access to Information Law (LAI) in the state.
The new rules expand the list of public agents who can classify documents as ultra-secret. The category establishes the maximum period of secrecy, 25 years. Now, employees who “occupy the position or function of coordinator, or equivalent or higher hierarchy” now have this prerogative.
The change gives strength to the State Comptroller General (CGE), which now has powers over law enforcement for the body – headed by the former minister of Jair Bolsonaro (PL) Wagner Rosário.
Before the change, this competence was restricted to the governor, deputy governor, secretaries of State and the head of the CGE and the State Attorney General’s Office (PGE).
Who is Wagner Rosário
Wagner Rosário was minister of the General Comptroller of the Union (CGU) during the presidency of Michel Temer (MDB) and in the 4 years of the Bolsonaro government, from 2019 to 2022.
In 2020, Rosário signed, together with Bolsonaro, provisional measure (MP) 928. The text amended the LAI, suspending the deadlines for requests for information.
Public administration bodies whose employees were quarantined or working from home due to the pandemic were free from the deadline to respond to requests made by law.
The decree now approved by Tarcísio is similar to the change in the rules for applying the Access Law signed by then interim president Hamilton Mourão (Republicanos-RS).
The text published in January 2019 expanded the list of agents that could be assigned to provide confidentiality to public data to a total of 1,288 public servants. The Lula government revoked the measure in February 2023.
Access to Information Law (LAI)
Under the Access to Information Law, public bodies that are part of the direct administration of the Executive, Legislative, Judiciary and Public Ministry have 20 days to respond to requests for information. The deadline can be extended for another 10 days, as long as justification is provided for not complying with the initial deadline.
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