LEI No.12,527, DE November 18, 2011

Regulation the access to information provided in the inciso XXXIII of the art. 5º, in the inciso II of § 3ºof art. 37 and in § 2ºof art. 216 of the Federal Constitution ; amend the Law #8,112, of December 11, 1990 ; repeal the Law #11,111, of May 5, 2005, and devices of Law No.8,159, of 8 of January 1991 ; and gives other arrangements.

P R E S I D E N T A D A R E P B L I C A

I make it known that the National Congress decrees and I sanction the following Law:

CHAPTER I

GENERAL PROVISIONS

Art. 1º This Act has on the procedures to be observed by the Union, States, Federal District and Municipalities, with the aim of ensuring access to information provided for in the inciso XXXIII of the art. 5º, in the inciso II of § 3º of the art. 37 and in § 2º of the art. 216 of the Federal Constitution.

Single Paragraph. They subordinate themselves to the regime of this Act:

I-the public bodies members of the direct administration of the Executive Powers, Legislative, including the Courts of Accounts, and Judiciary and the Public Prosecutor's Office ;

II-the municipalities, public foundations, public enterprises, mixed-economy societies and other entities controlled directly or indirectly by the Union, States, Federal District and Municipalities.

Art. 2º Apply the provisions of this Act, in what couber, to private non-profit entities that they receive, to carry out public interest actions, public resources directly from the budget or by social grants, management contract, term of partnership, arrangements, arrangement, adjustments or other congenial instruments.

Single Paragraph. The advertising to which the entities cited in the caput are submitted refers to the share of the public resources received and their destination, without prejudice to the benefits of accounts to which they are legally obliged.

Art. 3º The procedures provided for in this Act are intended to ensure the fundamental right of access to information and shall be implemented in accordance with the basic principles of public administration and with the following guidelines:

I-observance of advertising as a general precept and of secrecy as exception ;

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

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

IV-foster the development of the culture of transparency in public administration ;

V-development of the social control of public administration.

Art. 4º For the purposes of this Act, you shall consider:

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

II-document: information registration unit, whatever the support or format ;

III-sensitive information: that submitted temporarily to the restriction of public access on the grounds of their printability for the security of society and the state ;

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

V-processing of information: set of actions regarding production, reception, classification use, access, reproduction, transport, transmission, distribution, archiving, storage, disposal, assessment, targeting or control of information ;

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

VII-authenticity: quality of information that has been produced, exclaimed, received or modified by given individual, equipment or system ;

VIII-integrity: quality of unmodified information, including as for origin, transit and target ;

IX-primaries: quality of information collected at source, with as much detailing as possible, without modifications.

Art. 5º It is the duty of the state to guarantee the right of access to information, which will be franchised, upon objective and agile procedures, in a transparent, clear and in language of easy understanding.

CHAPTER II

DO ACCESS TO INFORMATION AND THEIR DISCLOSURE

Art. 6º It shall be for the bodies and entities of the public power, observed the applicable specific standards and procedures, to ensure the:

I-transparent information management, propiciating broad access to it and its disclosure ;

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

III-protection of sensitive information and personal information, observed their availability, authenticity, integrity and eventual restriction of access.

Art. 7º Access to the information that it deals with this Act comprises, among others, the rights to obtain:

I-orientation on procedures for achieving access, as well as on the place where you can be found or obtained the information almejada ;

II-information contained in records or documents, produced or accumulated by their organs or entities, collected or not in public archives ;

III-information produced or custodiaed by physical person or private entity arising from any link to their organs or entities, even if this bond has already ceased ;

IV-primary information, full, authentic and updated ;

V-information on activities exerted by the organs and entities, including those relating to their policy, organization and services ;

VI-relevant information to the administration of public heritage, use of public resources, tender, administrative contracts ; and

VII-relative information:

a) to the implementation, monitoring and results of the programs, projects and actions of the organs and public entities, as well as proposed targets and indicators ;

(b) to the result of inspections, audits, installments and takeover of accounts performed by the organs of internal and external control, including accounts for accounts relating to previous exercises.

§ 1º The access to information provided for in the caput does not understand the information regarding scientific or technological research and development projects whose secrecy is indispensable to the security of society and the state.

§ 2º When you are not authorized full access to information for being partially sigylish, it is secured access to the non-sigylous portion by means of certificate, excerpt or copy with concealment of the party under secrecy.

§ 3º The right of access to documents or information contained therein used as ground of decision making and the administrative act shall be ensured with the editing of the respective decision-making act.

§ 4 The negative of access to the information object of request formulated to the organs and entities referred to on art. 1º, when not substantiated, shall subject the controller to disciplinary measures, in accordance with the art. 32 of this Act.

§ 5º Informed from the extraction of the requested information, may the person concerned apply for the authority competent immediate opening of syndication to ascertain the disappearance of the respective documentation.

§ 6º Verified the hypothesis provided for in § 5º of this article, the officer responsible for the information officer stray should, within 10 (ten) days, justify the fact and indicate witnesses proving their allegation.

Art. 8º It is the duty of public bodies and entities to promote, regardless of applications, the disclosure in place of easy access, within the scope of their competencies, of information of collective interest or general interest by them produced or custodial.

§ 1º In the disclosure of the information referred to in the caput, you should note, at the very least:

I-registration of the competencies and organizational structure, addresses and phones of the respective units and times of service to the public ;

II-records of any repasses or transfers of financial resources ;

III-records of the expenses ;

IV-information concernents to tender procedures, including the respective editions and results, as well as for all contracts concluded ;

V-general data for the monitoring of programs, actions, projects and works of organs and entities ; and

VI-answers to more frequent questions from society.

§ 2º For compliance with the provisions of caput, public bodies and entities should use all legitimate means and instruments that they have available, being mandatory for dissemination on official websites of the worldwide computer network (internet).

§ 3º The sites of which it treats § 2º should, in the form of regulation, meet, among others, the following requirements:

I-contain content research tool that allows access to information objectively, transparent, clear and in easy-to-understand language ;

II-enable the recording of reports in various electronic formats, including open and not owners, such as spreadsheets and text, so as to facilitate the analysis of the information ;

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

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

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

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

VII-indicate location and instructions that allow the person concerned to communicate, by electronic or telephone, with the organ or entity holder of the site ; and

VIII-adopt the necessary measures to ensure accessibility and content for people with disability, in the terms of art. 17 of Law No. 10,098 of December 19, 2000, and art. 9º of the Convention on the Rights of Persons with Disabilities, adopted by Legislative Decree No. 186 of July 9, 2008.

§ 4º Municipalities with population of up to 10,000 (ten thousand) inhabitants stay waived from disclosure obligatory on the internet referred to in § 2º, maintained the obligation to disclose, in real time, information relating to budgetary and financial execution, in the criteria and deadlines provided for in art. 73-B of Supplementary Law No. 101 of May 4, 2000 (Tax Liability Act).

Art. 9º Access to public information will be ensured upon:

I-creation of information service to the citizen, in the bodies of public power, in local with appropriate conditions for:

to) meet and guide the public as to access to information ;

b) inform on the plotting of documents in their respective units ;

c) protocolize documents and requests for access to information ; and,

II-holding of audiences or public consultations, encouragement of popular participation or others forms of disclosure.

CHAPTER III

OF THE ACCESS TO INFORMATION PROCEDURE

Section I

Do Request Access

Art. 10. Any interested party may submit an application for access to information to the organs and entities referred to in art. 1º of this Act, by any legitimate means, and the application shall contain the identification of the applicant and the specification of the required information.

§ 1º For access to information of public interest, the identification of the applicant cannot contain requirements that make the solicitation impossible.

§ 2º The organs and entities of the public power should enable alternative of order forwarding of access by means of their official websites on the internet.

§ 3º They are vetoed any requirements concerning the determinants of the solicitation of public interest information

Art. 11. The public body or entity should authorise or grant immediate access to information available.

§ 1º Not being possible to grant immediate access, in the manner disposed of in caput, the organ or entity receiving the application must, in a term of not more than 20 (twenty) days:

I-communicate the date, location and mode to perform the consultation, to perform the reproduction or to obtain the certificate ;

II-indicate the reasons of fact or the right of the refusal, in whole or in part, of the intended access ; or

III-communicate that it does not possess the information, indicate, if it is of its knowledge, the organ or the entity that holds it, or, yet, refer the application to that organ or entity, scientifying the person concerned of the shipment of his request for information.

§ 2nd The deadline referred to in § 1º may be extended by a further 10 (ten) days, upon justification expressed, of which the applicant will be scientific.

§ 3º Without prejudice to the safety and protection of information and compliance with the legislation applicable, the organ or entity may offer means for the applicant himself to be able to research the information that he needs.

§ 4º When access is not authorized for the provision of full or partially sigylish information, the applicant must be informed of the possibility of appeal, time limits and conditions for his / her interposition, and he shall also be appointed to the competent authority for his / her consideration.

§ 5º The information stored in digital format will be provided in this format, should there be annuence of the applicant.

§ 6º Case the requested information is available to the public in printed form, electronic or in any other means of universal access, you will be informed to the applicant, in writing, the place and the manner in which you may consult, obtain or reproduce the said information, which will disonerate the public body or entity of the obligation. of their direct supply, unless the applicant declares not to have the means to perform for itself such procedures.

Art. 12. The information search and supply service is free of charge, except in the hypotheses of document reproduction by the consultation body or public entity, situation where it can be charged exclusively with the necessary value for the rearson of the cost of the services and materials used.

Single Paragraph. You will be exempt from rearching the costs provided for in caput all the one whose economic situation does not allow you to do so without prejudice to your own or family's livelihood, stated under Law No. 7,115 of August 29, 1983.

Art. 13. When dealing with access to information contained in document whose handling may impair its integrity, the copy consultation should be offered, with certification that this confers with the original.

Single Paragraph. In the impossibility of obtaining copies, the person concerned may request that, at his expense and under public servant supervision, the reproduction be done by another 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 content of access, by certificate or copy.

Section II

Of Resources

Art. 15. In the case of improper access to information or the reasons for the negative of access, you may appeal against the decision within 10 (ten) days from your science.

Single Paragraph. The appeal will be directed to the hierarchical authority higher than the one that explode the impugned decision, which is due to manifest within 5 (five) days.

Art. 16. Denied access to information by the organs or entities of the Federal Executive Power, the applicant will be able to appeal to the Union Controller-General, which will deliberate within 5 (five) days if:

I-access to unclassified information as sigilous is denied ;

II-the decision of negative access to information total or partially classified as sigylosa not indicate the classifier authority or the hierarchically superior to whom it can be directed request for access or disclassification ;

III-the classified information classification procedures set out in this Act do not have been observed ; and

IV-are being unfulfilled deadlines or other procedures provided for in this Act.

§ 1º The appeal provided for in this article can only be addressed to the Union Controller-General after submitted to the consideration of at least one hierarchical authority higher than that which explode the impugned decision, which it will deliberate within 5 (five) days.

§ 2º Verified the provenance of the reasons for the appeal, the Union's Controller-General shall determine the body or entity that adopts the necessary arrangements to comply with the provisions of this Act.

§ 3º Denied access to information by the Union Controller-General, an appeal may be brought to the Mixed Information Revaluation Commission, the article referred to as art. 35.

Art. 17. In the case of rejection of application for disclassification of information filed in federal public administration body, the applicant may appeal to the Minister of State for the area, without prejudice to the powers of the Joint Reassessment Commission of Information, predicted in art. 35, and of the willing on art. 16.

§ 1º The appeal provided for in this article can only be addressed to the authorities mentioned after submitted to the consideration of at least one hierarchical authority superior to the authority that explode the impugned decision and, in the case of the Armed Forces, to the respective Command.

§ 2º Indexed the feature predicted in the caput that has as object the declassification of secret or ultrasound information, it will be for recourse to the Joint Information Reassessment Commission provided for in art. 35.

Art. 18. The procedures for reviewing denegatory decisions handed down in the appeal provided for in art. 15 and of classification review of classified documents will be the subject of own regulation of the Legislative And Judiciary Powers and the Public Prosecutor, in their respective fields, assured to the requester, in any case, the right to be informed about the progress of your order.

Art. 19. (VETADO).

§ 1º (VETADO).

§ 2º The organs of the Judiciary Branch and the Public Prosecutor's Office will inform the National Council of Justice and to the National Board of the Public Prosecutor's Office, respectively, the decisions which, in the degree of appeal, deny access to information of public interest.

Art. 20. It applies in a subsidiary way, in what couber, Law No. 9,784 of January 29, 1999, to the procedure for dealing with this Chapter.

CHAPTER IV

DAS RESTRICTIONS OF ACCESS TO INFORMATION

Section I

General provisions

Art. 21. You may not be denied access to the necessary information to the judicial or administrative guardianner of fundamental rights.

Single Paragraph. Information or documents that verges on conduct involving violation of human rights practiced by public servants or the mando of public authorities will not be able to be subject of access restriction.

Art. 22. The provisions of this Act shall not exclude other legal assumptions of secrecy and secrecy of justice nor the hypotheses of industrial secrecy arising from direct exploitation of economic activity by the State or by physical person or private entity that have any bond with the public power.

Section II

From the Classification of Information as to the Grau

and Sigyl deadlines

Art. 23. They are considered indispensable to the safety of the society or the State and, therefore, of classification the information whose unrestricted disclosure or access may:

I-endanger national defence and sovereignty or the integrity of the national territory ;

II-impair or jeopardize the conduct of negotiations or international relations of the Country, or those that have been provided in a sensitive character by other states and international bodies ;

III-endanger the life, safety or health of the population ;

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

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

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

VII-endanger the security of institutions or high national or foreign authorities and your family members ; or

VIII-compromisation of intelligence activities, as well as of investigation or surveillance in progress, related to the prevention or repression of infractions.

Art. 24. The information in power of the public bodies and entities, observed their content and on the grounds of their printability to the security of the society or the state, may be classified as outright, secret or reserved.

§ 1º The maximum time limits for access to information, as per the scheduled classification in the caput, vigorates from the date of their production and are as follows:

I-ultrassecreta: 25 (twenty-five) years ;

II-secret: 15 (fifteen) years ; and

III-reserved: 5 (five) years.

§ 2º The information that can endanger the security of the President and Vice President of the Republic and respective spouses and children (the) will be classified as reserved and will be under wraps until the termination of the term in office or the last term in case of re-election.

§ 3º Alternately to the time limits provided for in § 1º, it may be established as a final term of restriction of access to occurrence of certain event, as long as this occurs before the transcourse of the maximum classification period.

§ 4º Transcorrection the period of classification or consummated the event that defines its final term, the information will automatically become public access.

§ 5º For the classification of information in a given degree of secrecy, the public interest of information and used the least restrictive criterion possible, considered:

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

II-the maximum term of access restriction or the event that defines its final term.

Section III

From the Protection and the Control of Sigilous Information

Art. 25. It is the duty of the state to monitor the access and disclosure of classified information produced by its organs and entities, ensuring its protection.

§ 1º The access, disclosure and treatment of classified information as sigylosa will be restricted to persons who have a need to know it and who are duly accredited in the form of the regulation, without prejudice to the assignments of public servants authorized by law.

§ 2º Access to classified information as a signer creates the obligation for the one who obtained it from resturer the secrecy.

§ 3º Regulation will have on procedures and measures to be adopted for the treatment of sensitive information, so as to protect it against loss, undue alteration, access, transmission and unauthorized disclosure.

Art. 26. Public authorities will adopt the necessary arrangements for personnel to be subordinate hierarchically to meet the standards and to observe safety measures and procedures for handling classified information.

Single Paragraph. The physical person or private entity who, on the grounds of any bond with the public power, perform classified information handling activities will adopt the necessary arrangements for their employees, preposts or representatives to observe the security measures and procedures resulting from the implementation of this Act.

Section IV

From the Classification Procedures, Reclassification

and Disclassification

Art. 27. The classification of secrecy of information within the federal public administration is competence:

I-in the degree of ultrassecstraight, of the following authorities:

a) President of the Republic ;

b) Vice President of the Republic ;

c) Ministers of State and authorities with the same prerogatives ;

d) Commanders of the Navy, the Army and the Aeronautics ; and

e) Heads of Diplomatic Missions and Permanent Consular abroad ;

II-in the degree of secrecy, of the authorities referred to in the inciso I, of the holders of municipalities, public foundations or companies and mixed economy societies ; and

III-in the degree of reserved, of the authorities referred to in the incisos I and II and of those carrying out duties of direction, command or leadership, level DAS 101.5, or higher, of the Grade-Direction and Advisor Superior, or of equivalent hierarchy, in accordance with specific regulations of each organ or entity, observed the provisions of this Act.

§ 1º The competence provided for in the incisos I and II, with regard to classification as ultrasound and secret, may be delegated by the responsible authority to the public agent, including on mission abroad, vetoed by subdelegation.

§ 2º The classification of information in the degree of outright secrecy by the authorities provided for in the paragraphs "d" and "and" of the inciso I shall be ratified by the respective Ministers of State within the time limit laid down in regulation.

§ 3º The authority or other public agent that classify information as ultrasecreta should forwarding the decision that it treats the art. 28 to the Joint Information Reassessment Commission, the article referred to in art. 35, within the time limit provided for in

Art. 28. The classification of information in any degree of secrecy should be formalized in a decision that will contain, at the very least, the following elements:

I-subject on which the information versa ;

II-foundation of classification, observed the criteria set out in art. 24 ;

III-indication of the term of secrecy, counted in years, months or days, or of the event that defines your final term, as per limits provided in art. 24 ; and

IV-identification of the authority that ranked it.

Single Paragraph. The decision referred to in the caput will be maintained in the same degree of classified information secrecy.

Art. 29. The classification of the information shall be reassessed by the classifying authority or by a hierarchically superior authority, upon provocation or of trade, in the terms and deadlines laid down in regulation, with views to its declassification or to the reduction of the term of secrecy, observed the provisions of the art. 24.

§ 1º The regulation referred to in caput shall consider the peculiarities of the information produced abroad by public authorities or agents.

§ 2º In the re-evaluation referred to in the caput, the permanence of the motives should be examined of the secrecy and the possibility of damage arising from the access or dissemination of the information.

§ 3º In the hypothesis of reducing the information secrecy deadline, the new restriction deadline will maintain how initial term the date of its production.

Art. 30. The maximum authority of each organ or entity shall, annually, publish on site available on the internet and intended for data conveyance and administrative information, in accordance with regulation:

I-Rol of the information that has been declassied in the last 12 (twelve) months ;

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

III-statistical report containing the amount of requests for information received, met and undue, as well as generic information about the requesters.

§ 1º The organs and entities should keep exemplary of the publication provided for in the caput for public consultation in its

§ 2º The organs and entities will maintain excerpt with the list of classified information, accompanied by the date, the degree of secrecy and the fundamentals of classification.

Section V

Das Personal Information

Art. 31. The processing of personal information shall be made in a transparent manner and with respect to intimacy, private life, honour and image of the persons, as well as to individual freedoms and guarantees.

§ 1º Personal information, as referred to in this article, relating to intimacy, private life, honor and image:

I-will have their restricted access, regardless of classification of secrecy and by the maximum period of 100 (a hundred) years from their date of production, legally authorized public servants and the person to whom they refer ; and

II-may have authorized their disclosure or access by third parties in the face of legal prediction or express consent of the person to which they refer.

§ 2º The one who obtains access to the information that it treats this article will be held responsible for his undue use.

§ 3º The consent referred to in the inciso II of § 1º will not be required when the information is required:

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

II-to the realization of statistics and scientific research of evident public or general interest, provided for in law, being vetoing the identification of the person to which the information refers ;

III-to the fulfillment of judicial order ;

IV-to the defense of human rights ; or

V-to the protection of the preponderant public and general interest.

§ 4º The restriction of access to information concerning private life, honor and image of person will not be able to be relied upon in order to impair the process of ascertaining irregularities in which the holder of the information is involved, as well as in actions aimed at recovery of historical facts of greater relevance.

§ 5º Regulation will have the procedures for the processing of personal information.

CHAPTER V

DAS RESPONSIBILITIES

Art. 32. They constitute unlawful conduct that enacts the responsibility of the public or military agent:

I-refuse to provide information required under this Act, deliberately retardation of its provisioning or providing it intentionally in an incorrect, incomplete or inaccurate manner ;

II-misuse, as well as subtract, destroy, destruct, disfigure, change or conceal, in whole or in part, information that is under your guard or to which you have access or knowledge in reason of the exercise of the tasks of office, employment or public function ;

III-act with dolo or in bad faith in the analysis of access requests to information ;

IV-disclose or allow disclosure or access or allow for undue access to sensitive information or personal information ;

V-impose secrecy on information for personal or third party advantage, or for the purposes of concealment of illegal act committed by you or by another ;

VI-hide from the review of competent higher authority sensitive information to benefit you or the hearing, or at the injury of third parties ; and

VII-destroy or subtract, by any means, documents concernable to possible violations of human rights on the part of state agents.

§ 1º Answer the principle of adversarial, broad defence and due process legal, the conduct described in the caput will be considered:

I-for the purposes of the disciplinary regulations of the Armed Forces, average military transgressions or serious, in accordance with the criteria in them, provided that not typified in law as a crime or criminal contravention ; or

II-for the purposes of the provisions of Law No. 8,112 of December 11, 1990, and its amendments, infringements administrative, which should be joined, at the very least, with suspension, in accordance with the criteria set out therein.

§ 2º Pelas conducts described in the caput, can the military or public agent respond, also, by administrative improbity, as per the provisions of the Laws No. 1,079 of April 10, 1950, and 8,429, of June 2, 1992.

Art. 33. The physical person or private entity holding information by virtue of bond of any nature with the public power and no longer observing the provisions of this Act will be subject to the following sanctions:

I-warning ;

II-fine ;

III-termination of the bond with the public power ;

IV-temporary suspension of participating in bidding and impediment of hiring with the administration public for a term of not more than 2 (two) years ; and

V-declaration of inidelity to bid or hire with public administration, until it is promoted rehabilitation in the face of the authority itself that applied the penalty.

§ 1º The penalties provided for in the incisos I, III and IV may be applied together with that of the incision II, secured the right of defence of the person concerned, in the respective proceedings, within 10 (ten) days.

§ 2º The rehabilitation referred to in the inciso V will be authorized only when the person concerned effects the compensation to the organ or entity of the resulting damages and after the period of the penalty imposed on the basis of inciso IV has elapsed.

§ 3º The application of the sanction provided for in inciso V is the exclusive competence of the maximum authority of the public body or entity, provided the defence of the person concerned, in the respective proceedings, within 10 (ten) days of the opening of view.

Art. 34. Public bodies and entities respond directly to the damages caused by the unauthorized disclosure or misuse of classified information or personal information, with the finding of functional liability in the cases of dolo or guilt, secured the respective right of return.

Single Paragraph. The provisions of this Article shall apply to the physical person or private entity who, by virtue of bond of any nature with organs or entities, has access to classified or personal information and submits it undue treatment.

CHAPTER VI

FINAL AND TRANSITIONAL PROVISIONS

Art. 35. (VETADO).

§ 1º It is instituted the Joint Information Reassessment Commission, which will decide, within the framework of the federal public administration, on the treatment and classification of sensitive information and will have competence for:

I-requisition of the authority that classify information as ultrasound and secret clarification or content, partial or integral of the information ;

II-review the classification of ultra-screen or secret information, of trade or upon provocation by interested person, observed the provisions of the art. 7th and other devices of this Act ; and

III-extend the term of information secrecy classified as ultrassecreta, always by deadline determined, while their access or disclosure may occasoccasion external threat to national sovereignty or the integrity of the national territory or grave risk to the international relations of the Country, observed the time limit set out in § 1º of the art. 24.

§ 2º The deadline referred to in inciso III is limited to a single renewal.

§ 3º The trade review referred to in the inciso II of § 1º shall occur, at most, every 4 (four) years, after the re-evaluation envisaged in art. 39, when dealing with ultra-screen or secret documents.

§ 4º The non-deliberation on review by the Joint Information Reassessment Commission within deadlines provided for in § 3º shall entail the automatic declastification of the

§ 5º Regulation will have the composition, organisation and operation of the Joint Committee Evaluation of Information, observed the mandate of 2 (two) years for its members and other provisions of this Act.

Art. 36. The treatment of classified information resulting from treaties, agreements or international acts will meet the standards and recommendations contained in these instruments.

Art. 37. It is instituted, within the framework of the Institutional Security Office of the Presidency of the Republic, the Core of Security and Credential (NSC), which has for objectives:

I-promote and propose the regulation of the security accreditation of physical persons, companies, organs and entities for treatment of sensitive information ; and

II-ensure the security of sensitive information, including those coming from countries or international organizations with which the Federative Republic of Brazil has concluded treaty, agreement, contract or any other international act, without prejudice to the tasks of the Ministry of Foreign Affairs and the other bodies competent.

Single Paragraph. Regulation will have on the composition, organisation and functioning of the

Art. 38. It applies, in what couber, to Law No. 9,507 of November 12, 1997 in relation to information of person, physical or legal, constant registration or database of government entities or of public character.

Art. 39. Public bodies and entities should undertake the re-evaluation of the classified information as ultrassecrees and secret within the maximum period of 2 (two) years, counted from the initial term of this Act.

§ 1º The restriction of access to information, on the grounds of the reassessment provided in the caput, should observe the deadlines and conditions provided for in this Act.

§ 2º Within the framework of the federal public administration, the reassessment envisaged in the caput could be magazine, at any time, by the Joint Information Reassessment Commission, observed the terms of this Act.

§ 3º While not transcurring the target revaluation deadline in the caput, it will be maintained to classification of information under the preceding

§ 4º The classified information as secret and ultrasound not re-evaluated within the prescribed period in the caput will be considered, automatically, of public access.

Art. 40. Within 60 (sixty) days, after the duration of this Act, the maximum leader of each body or entity of the direct and indirect federal public administration shall designate authority to be directly subordinated to, within the respective scope of the Act, body or entity, exercise the following assignments:

I-ensure compliance with the standards on access to information, efficiently and suitable to the objectives of this Act ;

II-monitor the implementation of the provisions of this Act and submit periodic reports on your compliance ;

III-recommending the measures indispensable to the implementation and improvement of standards and procedures necessary for the correct fulfilment of the provisions of this Act ; and

IV-guide the respective units with regard to compliance with the provisions of this Act and their regulations.

Art. 41. The Federal Executive Power will designate the body of the federal public administration responsible:

I-by promotion of national comprehensive campaign to foster the culture of transparency in public administration and awareness of the fundamental right of access to information ;

II-by the training of public actors with regard to the development of practices concerning transparency in public administration ;

III-by the monitoring of law enforcement within the federal public administration, concentrating and consolidating the publication of related statistical information in art. 30 ;

IV-by referral to the National Congress of annual reporting with information reaching the implementing this Act.

Art. 42. The Executive Power shall regulate the provisions of this Act within 180 (one hundred and eighty) days after the date of its publication.

Art. 43. The inciso VI of the art. 116 of Law No. 8,112 of December 11, 1990, passes vigorously with the following essay:

" Art. 116. .................................................................................

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

VI-carry out the irregularities that you have science on the grounds of the office to the knowledge of the superior authority or, when there is suspicion of involvement of this, to the knowledge of another competent authority for ascertaining ;

............................................................................................... " (NR)

Art. 44. Chapter IV of Title IV of Law No. 8,112, 1990, passes the following addition of the following art. 126-A:

" Art. 126-A. No server may be liable to civil, criminal or administratively responsible for giving science to the higher authority or, when there is suspicion of involvement of this, the other competent authority for ascertaining information concerningthe practice of crimes or improbity of which you have knowledge, even if in the course of the exercise of office, employment or public function. "

Art. 45. It is up to the states, the Federal District and the Municipalities, in their own legislation, to comply with the general standards set out in this Act, to define specific rules, especially as to the provisions of the art. 9º and in Section II of Chapter III.

Art. 46. Revoke:

I-Law No. 11,111 of May 5, 2005 ; and

II-the arts. 22 a to 24 of Law No. 8,159 of January 8, 1991.

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

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

DILMA 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

Louis Inácio Lucena Adams

Jorge Hage Nephew

Maria of the Rosary Nunes