Acesso à informação como instrumento de exercício do controle social e da participação democrática: estudo sobre a transparência no Poder Executivo do estado do Amazonas

Abstract

This dissertation investigates transparency within the Executive Branch of the State of Amazonas as an instrument for the effectiveness of social control and the promotion of democratic participation. The research adopts an empirical and qualitative approach, articulating a bibliographic review, normative analysis (federal and state) and examination of the results of the Transparent Brazil Scale (EBT) regarding the performance of the State of Amazonas. The consolidation of the right of access to information in Brazil stems from a transition from the paradigm of secrecy to that of publicity, enshrined in the Federal Constitution of 1988 and regulated by Law No. 12,527/2011 (Access to Information Law – LAI), which establishes the principles of maximum publicity, active and passive transparency, and accessibility to public information. At the state level, Decree No. 48,999/2024 regulates the LAI, demonstrating, in general, compatibility with federal legislation, but presenting relevant omissions, such as the absence of clear accountability mechanisms for non-compliance with the rule and the failure to fully incorporate the active transparency instruments provided for in the LAI. The analysis of the EBT data shows important advances in the level of transparency in the State, with significant improvements in the evaluations carried out between 2015 and 2020. Despite the progress, challenges to the full implementation of transparency persist, notably those related to the geographical, social and structural specificities of the Amazon region. It is concluded that, although Amazonas has achieved normative and institutional advances, the consolidation of transparency as a democratic instrument requires continuous efforts to improve legislation, administrative qualification and strengthen a participatory culture guided by legitimacy and dialogue between State and society.