Law No. 12,527, OF 18 NOVEMBER 2011
Regulates access to information provided for in section XXXIII of art. 5, clause II, § 3 of art. 37 and § 2 of art. 216 of the Federal Constitution; amending Law No. 8112, of December 11, 1990; repealing Law No. 11,111, of May 5, 2005, and provisions of Law No. 8,159, of January 8, 1991; and other measures.
APRESIDENTADAREP Ú REPUBLIC
it known that the National Congress decrees and I sanction the following Law: CHAPTER I
GENERAL PROVISIONS Art. 1. This Law regulates the procedures to be followed by the Union, States, Federal District and Municipalities, in order to ensure access to information under item XXXIII of art. 5, clause II, § 3 of art. 37 and § 2 of art. 216 of the Federal Constitution.
Sole paragraph. Subordinated to the regime of this Act:
I - public agencies members of the direct administration of the Executive, Legislative, including the Audit Courts and Judiciary and Public Prosecution;
II - municipalities, public foundations, public companies, mixed-economy societies and other entities controlled directly or indirectly by the Federal Government, States, Federal District and Municipalities.
Art. 2 apply the provisions of this Act, as applicable, to private non-profit entities that receive for carrying out public interest actions, public funds directly from the budget or through social grants, management agreement, partnership agreement, agreements, agreement, adjustments or other similar instrument.
Sole paragraph. The publicity are the entities mentioned in the caput submitted refers to the portion of the received public resources and their allocation, subject to the checks and balances that are legally required.
Art. 3. The procedures laid down in this Act are intended to ensure the fundamental right of access to information and must be performed in accordance with the basic principles of public administration and to the following guidelines:
I - observance of advertising as a general rule and secrecy as an exception;
II - dissemination of information of public interest, regardless of requests;
III - use of media made possible by information technology;
IV - fostering the development of transparency in public administration culture;
V - development of social control of public administration.
Art. 4. For the purposes of this Act, it is considered:
I - information: data, processed or not, which can be used for production and transmission of knowledge, contained in any medium or format support;
II - document: data logging unit, whatever the medium or format;
III - confidential information: the one submitted temporarily to the public access restriction because of its indispensability to the security of society and the state;
IV - Personal information: that related to identified or identifiable natural person;
V - information processing: set of actions relating to the production, reception, classification, use, access, reproduction, transportation, transmission, distribution, archiving, storage, disposal, assessment, allocation and 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, shipped, received or modified by certain individual, equipment or system;
VIII - integrity: the quality of information unmodified, including as to the origin, transit and destination;
IX - Firstness: quality of information collected at source, with as much detail as possible without modifications.
Art. 5 It is the State's duty to guarantee the right of access to information, which will be franchised by objectives and streamlined procedures in a transparent, clear and easy to understand language.
CHAPTER II ACCESS TO INFORMATION AND ITS DISCLOSURE
Art. 6 It is up to government agencies and entities, subject to the applicable rules and specific procedures, ensure:
I - transparent information management, providing broad access to it and its dissemination;
II - information protection, by ensuring their availability, authenticity and integrity; and
III - protection of confidential information and personal information, subject to their availability, authenticity, integrity and possible restriction of access.
Art. 7 Access to information of this law includes, inter alia, rights to get:
I - guidance on the procedures to achieve access, as well as the place to be found or obtained the desired information;
II - information contained in records or documents produced or accumulated by their agencies or entities, collected or not the public archives;
III - information produced or guarded by individual or private entity arising from any bond with their bodies or entities, even if the link has already ceased;
IV - primary information, genuine, authentic and updated;
V - information about activities carried out by agencies and entities, including those relating to policy, organization and services;
VI - information relevant to the administration of public property, using public resources, procurement, administrative contracts; and
VII - information:
a) the implementation, monitoring and results of programs, projects and actions of public bodies and agencies, and proposed targets and indicators;
B) the results of inspections, audits, and benefits taken from accounts held by organs of internal and external control, including account benefits related to prior years.
§ 1 Access to information provided in the head does not understand the information regarding research projects and scientific and technological development whose secrecy is vital to the security of society and the state.
§ 2 When unauthorized full access to information because she partially confidential, is guaranteed access to non-confidential part through certificate, extract or copy with concealment of secret.
§ 3 The right of access to documents or the information contained therein used as a basis for decision-making and administrative act shall be ensured with the publication of its decision-making act.
§ 4 The denial of access to the request object information made to the bodies and entities referred to in art. 1, when unsubstantiated, will subject the responsible to disciplinary action in accordance with art. 32 of this Law.
§ 5 informed of the requested information loss, the person concerned may apply to the competent authority the immediate opening of inquiry to investigate the disappearance of documentation.
§ 6 verified the case provided for in § 5 of this Article, responsible for guarding the lost information shall, within ten (10) days, justify the fact and call witnesses to prove their claim.
Art. 8 It is the duty of public bodies and entities to promote, regardless of requirements, disclosure within easy access, within their competencies, information of collective or general interest produced by them or held in custody.
§ 1. In the disclosure of the information referred to in the caput shall contain at least:
I - record of skills and organizational structure, addresses and telephone numbers of their units and hours of service to the public;
II - records of any transfers or transfers of financial resources;
III - records of expenditure;
IV - information concerning bidding procedures, including the respective notices and results, as well as all contracts;
V - General data for monitoring programs, actions, projects and works of agencies and entities; and
VI - answers to frequently asked questions of society.
§ 2. In compliance with the provisions of the caput, agencies and public authorities should use all available means and legitimate instruments available to them, with mandatory disclosure of official sites of the World Wide Web (internet).
§ 3 The sites mentioned in § 2 should, in the form of a regulation, meet, among others, the following requirements:
I - contain content search tool that allows access to information in an objective, transparent, clear and easy to understand language;
II - allow the report writing in several electronic formats, including open and non-proprietary, such as spreadsheets and text in order to facilitate the analysis of information;
III - to enable automated access by external systems in open, structured and machine-readable formats;
IV - disclose in detail the formats used to structure the information;
V - to ensure the authenticity and integrity of information available for access;
VI - keep updated the information available for access;
VII - indicate location and instructions to enable the person concerned to communicate by telephone or electronic means, with the agency or entity that owns the site; and
VIII - take the necessary measures to ensure accessibility and content for people with disabilities, in accordance with art. 17 of Law No. 10,098, of December 19, 2000, and art. 9 of the Convention on the Rights of Persons with Disabilities, adopted by Legislative Decree No. 186 of 9 July 2008.
§ 4 The municipalities with population of up to 10,000 (ten thousand) inhabitants are exempted from mandatory disclosure on the internet referred to in § 2, maintained the mandatory disclosure, real-time information on the budgetary and financial implementation, criteria and deadlines laid down in art. 73-B of Complementary Law No. 101 of May 4, 2000 (Fiscal Responsibility Law).
Art. 9 Access to public information shall be provided by:
I - creation of citizen information service in the organs of public power entities in place with appropriate conditions for:
a) help and advise the public on access information;
B) report on the processing of documents in their respective units;
C) docketing documents and requirements for access to information; and
II - hearings or public consultations, encouraging public participation or other forms of dissemination.
CHAPTER III ACCESS PROCEDURE TO INFORMATION Section
The Request Access
Art. 10. Any interested person may submit application for access to information to agencies and entities referred to in art. 1 of this Act, by any legitimate means, and the application must contain the applicant's identification and specification of the required information.
§ 1 For access to information of public interest, the identification of the applicant may not contain requirements that impede the request.
§ 2 The agencies and government entities should enable routing alternative access requests through their official websites on the internet.
§ 3 are forbidden any requirements for determining reasons for the request for information of public interest.
Art. 11. The public body or authority must authorize or grant immediate access to the information available.
§ 1 and can not grant immediate access, as provided in the caput, the agency or entity receiving the request shall, within a period not exceeding twenty (20) days:
I - communicate the date, location and means for performing a query to effect reproduction or for the certificate;
II - state the reasons in fact or in law the refusal of all or part of the intended access; or
III - report that does not have the information, indicate if you know, the body or entity which controls it, or even refer the application to that organ or entity, cientificando him of the shipment of your Request for Information.
§ 2 The period referred to in § 1 may be extended by ten (10) days, by express justification, which will be made aware the applicant.
§ 3 Without prejudice to the security and protection of information and compliance with applicable legislation, the body or entity may provide means for the applicant himself can find the information you need.
§ 4. When unauthorized access because it is totally or partially classified information, the applicant shall be informed of the possibility of appeal, terms and conditions for instituting proceedings, must also be reported to him the competent authority for your enjoyment.
§ 5 The information stored in digital format will be provided in this format, if there is consent of the applicant.
§ 6 If the requested information is available to the public in print, electronic or any other means of universal access will be informed to the applicant, in writing, the place and the way in which you can consult to obtain or play such information, a procedure which desonerará the agency or public entity of its direct supply obligation, unless the applicant declare not have the means to carry out such procedures for yourself.
Art. 12. The search service and providing the information is free, except in the case of reproduction of documents by the agency or public entity consulted, in which you may be charged only the amount necessary for reimbursement of the cost of services and materials used.
Sole paragraph. Will be exempt from reimbursing the costs provided for in the caput of all those whose economic situation does not allow it to do so without prejudice to support themselves or family, declared under Law No 7115 of 29 August 1983.
Art. 13. In the case of access to the information contained in document manipulation which could undermine its integrity, should be offered a copy of consultation with certification that gives the original.
Sole paragraph. Unable to obtain copies, the applicant may request that, at its own expense and under public supervision server, the reproduction is made by other means that does not jeopardize the conservation of the original document.
Art. 14. It is the right of the applicant to obtain the entire negative decision of content access, certificate or copy.
Section II Appeals
Art. 15. In the event of refusal of access to information or the reasons for the refusal of access, the person concerned may appeal against the decision within ten (10) days of their science.
Sole paragraph. The appeal shall be addressed to the higher authority that issued the contested decision, which is expected to respond within five (5) days.
Art. 16. Denied access to information by agencies or entities of the Federal Executive Branch, the applicant may appeal to the Comptroller General, which shall act within five (5) days if:
I - access to information not classified as confidential is denied;
II - negative decision on access to the total information or partially classified as confidential does not indicate the classification authority or hierarchically superior who can be directed request for access or disqualification;
III - the confidential information classification procedures established in this law have not been observed;
and IV - are being breached deadlines or other procedures provided for in this Law
§ 1 The proceedings provided for in this article may only be directed to the Office of the Comptroller General after submitted to at least one higher authority to that. that issued the contested decision, which shall act within five (5) days.
§ 2 verified the merits of the reasons for the appeal, the General Union Controladoria- determine the agency or entity to take the necessary measures to comply with the provisions of this Law.
§ 3 Denied access to information by the Comptroller General may appeal to the Joint Commission Reassessment Information, referred to in art. 35.
Art. 17. In case of rejection of request for information filed derating in federal public administration, the applicant may appeal to the Minister of State of the area, without prejudice to the powers of the Joint Committee of Revaluation information provided for in art. 35, and the provisions of art. 16.
§ 1 The proceedings provided for in this article may only be made to the said authorities after submitted to at least one higher authority to the authority that issued the contested decision and, in the case of the armed forces, the respective command.
§ 2 Rejection of the appeal provided for in the caput that has as object the declassification of secret or top-secret information, may be appealed to the Joint Commission for Information Reassessment provided for in art. 35.
Art. 18. The decisions denying review procedures given in the appeal provided for in art. 15 and confidential document classification review will own regulatory object of the legislative and judicial branches and public prosecutors, in their respective fields, provided to the applicant in any case, the right to be informed about the progress of your order.
Art. 19. (vetoed).
§ 1 (vetoed).
§ 2 The organs of the judiciary and prosecutors inform the National Council of Justice and the National Council of the Public Ministry, respectively, decisions that, on appeal, denying access to information of public interest.
Art. 20. Applies alternative, as applicable, Law No. 9,784, of January 29, 1999, the procedure of this Chapter.
CHAPTER IV OF ACCESS RESTRICTIONS
INFORMATION Section I
General Provisions Art. 21. It can not be denied access to information necessary for judicial or administrative protection of fundamental rights.
Single paragraph. Information or documents that apply to conduct involving human rights violations committed by public officials or at the behest of public authorities may not be access restriction object.
Art. 22. The provisions of this Law does not exclude the other legal hypotheses of secrecy and judicial confidentiality or the chances of trade secret arising from the direct exploitation of economic activity by the state or private individual or entity that has any link with the government.
Section II Of Information Classification as to the Grade
Deadlines Secrecy Art. 23. They are considered essential to the security of society or the state and therefore can be classified information whose disclosure or unrestricted access may:
I - endanger the defense and national sovereignty or the integrity of the national territory;
II - harm or jeopardize the conduct of negotiations or international relations of the country, or that have been provided in confidence by other states and international organizations;
III - endanger the life, safety or health of the population;
IV - offer high risk to financial stability, economic or monetary of the country;
V - harm or cause risk to strategic plans or operations of the Armed Forces;
VI - harm or cause risk research projects and scientific and technological development, as well as systems, goods, facilities or areas of national strategic interest;
VII - putting at risk security institutions or high domestic or foreign authorities and their families; or
VIII - compromise intelligence activities, as well as research and monitoring in progress, related to the prevention or prosecution of offenses.
Art. 24. The information held by public bodies and agencies, noted its content and because of its indispensability to the security of society or the state, may be classified as top-secret, secret or reserved.
§ 1 The maximum terms of information access restrictions, as provided for in the caput classification, apply from the date of production and are as follows:
I - top-secret 25 (twenty five) years;
II - Secret: fifteen (15) years; and
III - reserved: 5 (five) years.
§ 2 The information that may put at risk the safety of the President and Vice-President of the Republic and their spouses and children (as) will be classified as reserved and will be confidential until the end of the term in office or the last term, in case of re-election.
§ 3. Alternatively the terms provided in § 1, it may be established as the end of access restriction given the occurrence of the event, since it occurs before the maximum term rating course.
§ 4. After the term of classification or consummate the event that defines its final term, the information will become automatically public access.
§ 5 For the classification of information in a certain degree of secrecy, it should be observed public interest information and used the least restrictive possible criteria considered:
I - the seriousness of the risk or harm to the security of society and the state; and
II - the maximum period of access restriction or event that defines its final term.
Section III The Protection of Confidential Information and Control
Art. 25. The State has the duty to control access and disclosure of confidential information produced by their bodies and agencies, ensuring their protection.
§ 1 Access, disclosure and handling of information classified as confidential will be restricted to people who need to know it and to be duly accredited in accordance with the regulations, without prejudice to the responsibilities of public officials authorized by law.
§ 2. Access to information classified as confidential creates an obligation for the one who got to protect the confidentiality.
§ 3 Regulation provides for procedures and measures to be adopted for the treatment of confidential information in order to protect it from loss, unauthorized alteration, access, transmission and unauthorized disclosure.
Art. 26. The public authorities shall take the necessary measures to enable persons to them hierarchically subordinate know the rules and observe the safety measures and procedures for handling sensitive information.
Sole paragraph. The individual or private entity, because of any connection with the government, run sensitive information processing activities take the necessary steps to ensure that its employees, agents or representatives observe the safety measures and procedures of the information derived from the application of Act. Section IV
of Classification Procedures, Reclassification and Declassification
Art. 27. The classification of confidential information within the federal government is competence:
I - the degree of top secret, the following authorities:
a) the President;
B) Vice-President of the Republic;
C) Ministers of State and authorities with the same prerogatives;
D) Commanders of the Navy, Army and Air Force; and
e) Heads of Diplomatic Missions and Consular permanent abroad;
II - the degree of secret, the authorities referred to in item I, the authorities holders, foundations or public enterprises and joint stock companies;
and III - the degree of reserved, the authorities referred to in items I and II and exercising management functions, command or leadership, level DAS 101.5 or higher, the Group's Senior official, or equivalent hierarchy according to specific rules of each agency or entity, pursuant to the provisions of this Law.
§ 1 the jurisdiction provided for in items I and II, as regards the classification as-secret and secret, may be delegated the authority to public official, including mission abroad, forbidden to sub-delegation.
§ 2 The classification of information on the degree of secrecy-secret by the authorities provided for in subparagraphs "d" and "e" of item I shall be ratified by the respective Ministers of State, within the period prescribed by regulation.
§ 3. The authority or other public official to classify information as a top-secret shall forward the decision referred to in art. 28 The Joint Commission Reassessment Information, referred to in art. 35, within the period prescribed by regulation.
Art. 28. The classification of information in any degree of confidentiality shall be formalized in a decision that will contain at least the following elements:
I - subject to which it information;
II - foundation of classification, subject to the criteria set out in art. 24;
III - indication of the period of confidentiality, counted in years, months or days, or event to define its final term as limits laid down in art. 24; and
IV - identification of the authority to qualify.
Sole paragraph. The decision referred to in the caput will be maintained at the same level of confidentiality of classified information.
Art. 29. The classification of the information will be reviewed by the classification authority or higher authority, on the initiative or craft under and time limits laid down by regulation, with a view to its downgrading or reduction of the period of confidentiality, subject to the provisions of art. 24.
§ 1 The regulation referred to in the caput should consider the peculiarities of the information produced abroad by public authorities or agents.
§ 2 In the reassessment referred to in the heading should be examined the permanence of confidentiality reasons and the possibility of damage arising from access or disclosure.
§ 3. In the event of reduction of the period of confidentiality of information, the new restriction period remain a starting date the date of production.
Art. 30. The head of each agency or entity shall publish annually on site available on the Internet and for the transmission of data and administrative information in accordance with Regulation:
I - List of information which has been declassified in the last 12 (twelve months;
II - Documents list ranked in each degree of confidentiality, identifying for future reference;
III - statistical report containing the number of information requests received, attended and rejected, as well as general information about the applicants.
§ 1 The agencies and entities must keep copy of the publication provided for in the caput for public consultation in their headquarters.
§ 2 The agencies and entities maintain statement with the list of classified information, together with the date, the degree of secrecy and classification fundamentals.
Of Personal Information
Art. 31. The treatment of personal information should be done transparently and with respect to privacy, private life, honor and image of persons, as well as the freedoms and individual guarantees.
§ 1 Personal information, referred to in this Article, relating to intimacy, privacy, honor and image:
I - will have their access restricted, regardless of secrecy classification and for a maximum of 100 (one hundred ) years from the date of production, the legally authorized public officials and the person to which they refer; and
II - may have authorized disclosure or access by third parties before legal provision or express consent of the person to which they refer.
§ 2. One who gains access to the information in this article will be liable for its misuse.
§ 3 The consent referred to in item II of § 1 shall not be required when the information needed:
I - the prevention and diagnosis, when the person is physically or legally incapable, and for single use only and exclusively for medical treatment;
II - to carry out statistical and scientific research evident public or general interest, provided for by law, is prohibited the identification of the person to whom the information relates;
III - Complying with a court order;
IV - defense of human rights;
or V - to protect public and general overriding interest.
§ 4 The restriction of access to information relating to privacy, honor and one image may not be invoked in order to undermine irregularities calculation process in which the holder of information is involved, as well as actions aimed at recovery of historical facts most relevant.
§ 5 Regulation provides for procedures for handling personal information.
CHAPTER V RESPONSIBILITIES
Art. 32. constitute unlawful conduct giving rise responsibility of the public or military agent:
I - refuse to provide information required under this Act, deliberately delay the supply or provide it intentionally incorrect, incomplete or inaccurate;
II - used improperly and subtract, destroy, disable, disfigure, alter or obscure, totally or partially, information that is under their custody or who has access or knowledge due to the exercise of job assignments, job or civil service;
III - act with malice or bad faith on the analysis of requests for access to information;
IV - disclose or permit the disclosure or access or allow unauthorized access to confidential information or personal information;
V - impose secrecy to information for personal gain or a third party, or illegal act of concealment purposes committed by themselves or by others;
VI - hide the review of higher authority confidential information to benefit themselves or others, or to the detriment of third parties; and
VII - destroy or subtract, by any means, documents concerning possible human rights violations by state agents.
§ 1 Attended the adversarial principle, legal defense and due process, the conduct described in the above shall be considered:
I - for the purposes of the disciplinary regulations of the Armed Forces, medium or severe military transgressions in the criteria set out therein, provided they do not typified by law as a crime or misdemeanor; or
II - for the purposes of the provisions of Law No. 8,112, of December 11, 1990, as amended, administrative violations, which should be apenadas at least suspension, according to the criteria set out therein.
§ 2. For the conduct described in the heading, can the military or public official answer, too, for improper conduct, according to the provisions of Laws No. 1,079, of April 10, 1950, and 8429 of 2 June 1992.
Art. 33. The individual or private entity that holds information under the link of any kind with the government and fail to observe the provisions of this Law shall be subject to the following sanctions:
I - warning;
II - fine;
III - connection termination with the government;
IV - temporary suspension from participating in bidding and impediment to contract with the government for a period not exceeding two (2) years; and
V - declaration of unfitness to bid or contract with the government until it is promoted to rehabilitation before the very authority that imposed the fine.
§ 1 The sanctions provided for in items I, III and IV may be used in conjunction with the item II, ensuring the right of defense of the person concerned in the respective proceedings, within 10 (ten) days.
§ 2 The rehabilitation referred to in item V shall be authorized only where the person concerned to effect reimbursement to the agency or entity of the damage resulting from and following the expiry of the penalty imposed on the basis of section IV.
§ 3 The application of the penalty provided for in section V is the exclusive competence of the highest authority of the public body or entity, provided the defense of the person concerned in the respective proceedings, within 10 (ten) days from the opening of view.
Art. 34. The bodies and public authorities respond directly by unauthorized damage caused as a result of the disclosure or misuse of confidential information or personal information, leaving the functional responsibility of investigation in cases of fraud or negligence, guaranteeing their right to return.
Sole paragraph. The provisions of this Article shall apply to individual or private entity, by virtue of relationship of any nature with bodies or entities have access to confidential or personal information and subject to mistreatment.
CHAPTER VI FINAL AND TRANSITIONAL PROVISIONS
Art. 35. (vetoed).
§ 1 is hereby established the Joint Commission Revaluation information, which shall, within the federal government on the treatment and classification of confidential information and shall have power to:
I - order the authority to classify information as-secret and secret clarification or content, or part of the information;
II - review the classification of top secret information or secret, ex officio or upon the person concerned of provocation, as set forth in art. 7 and other provisions of this Act; and
III - extend the period of information classified as secret-secret, always for a specified period, while their access or disclosure would cause external threat to national sovereignty or the integrity of the national territory or serious risk to international relations of the country, observed the period provided for in § 1 of art. 24.
§ 2 The period referred to in section III is limited to a single renewal.
§ 3 The craft of revision referred to in item II of § 1 shall take place at least every four (4) years after the review provided for in art. 39, when dealing with-secret or secret documents.
§ 4 The no decision on the review by the Joint Committee Information Revaluation in the period specified in § 3 will entail the automatic disqualification of the information.
§ 5 Regulation provides for the composition, organization and functioning of the Joint Commission for Information Reassessment, 2 mandate observed (two) years for its members and other provisions of this Act.
Art. 36. Treatment of confidential information arising from treaties, agreements or international acts will meet the standards and recommendations of these instruments.
Art. 37. It is established within the Institutional Security Cabinet, Security and Accreditation Center (NSC), which aims to:
I - promote and propose the regulation of the security accreditation of individuals, companies, agencies and entities for treatment of confidential information; and
II - to ensure the security of sensitive information, including those from countries or international organizations with which the Federative Republic of Brazil has signed the treaty, agreement, contract or any other international act, without prejudice to the powers of the Ministry of Foreign Foreign and other competent bodies.
Sole paragraph. Regulation shall provide for the composition, organization and functioning of the NSC.
Art. 38. It applies, as appropriate, Law No. 9507 of November 12, 1997, in relation to the person information or entity, constant record or database of government entities or public character.
Art. 39. The bodies and public authorities should conduct a reassessment of information classified as top secret and secret no later than two (2) years, from the initial term of validity of this law.
§ 1 The restriction of access to information in the reason under the heading revaluation, shall comply with the terms and conditions set forth in this Law.
§ 2 In the federal public administration, under the heading revaluation may be revised at any time by the Joint Committee Information revaluation, subject to the terms of this Act.
§ 3. Until the expiration of the revaluation referred to above, will be maintained the classification of the information under the previous legislation.
§ 4 The information classified as secret and top secret not reevaluated within the period prescribed in the above shall be considered automatically from public access.
Art. 40. Within sixty (60) days from the effective date of this Act, the maximum head of each agency or entity of the direct and indirect federal government designate authority directly subordinate to it, within the framework of the respective agency or entity, perform the following duties:
I - ensure compliance with the rules on access to information in an efficient and appropriate manner to the objectives of this Act;
II - monitor the implementation of the provisions of this Law and submit periodic reports on its implementation;
III - recommend measures necessary for the implementation and improvement of standards and procedures necessary to correct compliance with this Act; and
IV - to guide their units with regard to compliance with this Act and its regulations.
Art. 41. The Federal Executive Power shall designate the body responsible federal administration:
I - the promotion nationwide campaign to promote the culture of transparency in public administration and awareness of the fundamental right of access to information;
II - the training of public officials in relation to the development of practices related to transparency in public administration;
III - the monitoring of law enforcement within the federal government, concentrating and consolidating the publication of related statistical information in the article. 30;
IV - for forwarding to Congress the annual report relating to implementation of this Law information
Art.. 42. The Government shall regulate the provisions of this law within 180 (one hundred and eighty) days from the date of its publication.
Art. 43. Item VI of art. 116 of Law No. 8.112, of December 11, 1990, becomes effective with the following wording:
"Art 116. ...................... .................................................. ..........
..................................... .................................................. ....................
VI - take the irregularities that have science due to post to the attention of the higher authority or when there is suspicion of involvement in, knowledge of other competent authority for verification;
...................................... .................................................. ....... "(NR)
Art. 44. Chapter IV of Title IV of Law No. 8112, 1990, shall henceforth include the following art. 126-A:..
"Article 126-A No server could be liable civil, criminal or administrative science by giving the higher authority or when there is suspicion of involvement in, the other competent authority for verification of information concerning the practice crimes or misconduct that is aware, although due to the position of exercise, employment or public office. "
Art. 45. The states, the Federal District and the municipalities, in legislation, subject to the general rules set forth in this Law, set specific rules, especially as the provisions of art. 9 and in Section II of Chapter III.
Art. 46. Revokes:
I - Law No. 11,111, of May 5, 2005; and
II - the arts. 22 to 24 of Law No. 8,159, of January 8, 1991.
Art. 47. This Law shall enter into force 180 (one hundred and eighty) days after the date of its publication.
Brasilia, November 18, 2011; 190th year of Independence and 123 of the Republic.
Rousseff José Eduardo Cardoso
Celso Luiz Nunes Amorim
Antonio de Aguiar Patriota
Miriam Belchior Paulo Bernardo Silva
Gleisi Hoffmann José Elito Carvalho Siqueira || | Helena Chagas
Luis Inacio Lucena Adams
Jorge Hage Sobrinho
Maria do Rosario Nunes