Presidency of the Republic

Civil House

Deputy Director for Legal Affairs

LAW No. 12,527, OF NOVEMBER 18, 2011.

THE PRESIDENT OF THE REPUBLIC I make it known that the National Congress decrees and I sanction the following Law:

CHAPTER I

GENERAL PROVISIONS

Art. 1 This Law provides for the procedures to be observed by the Union, States, Federal District and Municipalities, in order to guarantee access to information provided for in item XXXIII of art. 5th, at the item II of § 3 of art. 37 and in § 2 of art. 216 of the Federal Constitution.

Single paragraph. The following are subject to the regime of this Law:

I – the public bodies that are part of the direct administration of the Executive, Legislative, including the Courts of Auditors, and the Judiciary and the Public Ministry;

II – autarchies, public foundations, public companies, mixed capital companies and other entities controlled directly or indirectly by the Union, States, Federal District and Municipalities.

Art. 2 The provisions of this Law apply, as applicable, to private non-profit entities that receive, to carry out actions of public interest, public resources directly from the budget or through social subsidies, management contract, Partnership Term, agreements, agreements, adjustments or other similar instruments.

Single paragraph. The publicity to which the entities mentioned in the caput refers to the portion of public resources received and their allocation, without prejudice to the rendering of accounts to which they are legally obliged.

Art. 3 The procedures provided for in this Law are intended to ensure the fundamental right of access to information and must be carried out in accordance with the basic principles of public administration and the following guidelines:

I – observance of publicity as a general precept and secrecy as an exception;

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

III – use of means of communication made possible by information technology;

IV – promoting the development of the culture of Transparency in public administration;

V – development of social control of public administration.

Art. 4 For the purposes of this Law, it is considered:

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

II – document: information recording unit, whatever the support or format;

III – confidential information: information temporarily subject to restricted public access due to its indispensability for the security of society and the State;

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

V – information processing: set of actions relating to the production, reception, classification, use, access, reproduction, transport, transmission, distribution, archiving, storage, elimination, evaluation, destination or control of information;

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

VII – authenticity: quality of information that has been produced, sent, received or modified by a specific individual, equipment or system;

VIII – integrity: quality of unmodified information, including regarding origin, transit and destination;

IX – primacy: quality of information collected at the 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 provided, through objective and agile procedures, in a transparent, clear manner and in easy-to-understand language.

CHAPTER II

ACCESS TO INFORMATION AND DISCLOSURE

Art. 6 It is up to public authorities bodies and entities, observing the applicable specific standards and procedures, to ensure:

I – transparent management of information, providing broad access to it and its dissemination;

II – protection of information, ensuring its availability, authenticity and integrity; It is

III – protection of confidential information and personal information, observing its availability, authenticity, integrity and possible access restrictions.

Art. 7 Access to the information covered by this Law includes, among others, the rights to obtain:

I – guidance on the procedures for obtaining access, as well as on the location where the desired information can be found or obtained;

II – information contained in records or documents, produced or accumulated by its bodies or entities, whether or not collected in public archives;

III – information produced or held by an individual or private entity arising from any link with their bodies or entities, even if this link has already ceased;

IV – primary, complete, authentic and updated information;

V – information on activities carried out by bodies and entities, including those relating to their policy, organization and services;

VI – information pertinent to the administration of public assets, use of public resources, bidding, administrative contracts; It is

VII – relative information:

a) the implementation, monitoring and results of programs, projects and actions of public bodies and entities, as well as proposed goals and indicators;

b) the results of inspections, audits, payments and accounting carried out by the regulatory bodies Internal control and external, including financial statements relating to previous years.

§ 1º Access to information provided for in caput does not understand information relating to scientific or technological research and development projects whose secrecy is essential to the security of society and the State.

§ 2 When full access to information is not authorized because it is partially confidential, access to the non-confidential part is ensured by means of a certificate, extract or copy with concealment of the confidential part.

§ 3 The right of access to documents or information contained therein used as a basis for decision-making and administrative acts will be ensured with the publication of the respective decision-making act.

§ 4 Denial of access to information Object request made to the bodies and entities referred to in art. 1st, when not substantiated, will subject the person responsible to disciplinary measures, in accordance with art. 32 of this Law.

§ 5 Informed of the loss of the requested information, the interested party may request the competent authority to immediately open an inquiry to investigate the disappearance of the respective documentation.

§ 6 Once the hypothesis provided for in § 5 of this article has been verified, the person responsible for storing the lost information must, within 10 (ten) days, justify the fact and indicate witnesses to prove their allegation.

Art. 8 It is the duty of public bodies and entities to promote, regardless of requirements, the dissemination in an easily accessible location, within the scope of their competences, of information of collective or general interest produced or held by them.

§ 1º In the dissemination of the information referred to in the caput, must include, at a minimum:

I – record of competencies and organizational structure, addresses and telephone numbers of the respective units and opening hours to the public;

II – records of any transfers or transfers of financial resources;

III – expense records;

IV – information regarding bidding procedures, including the respective notices and results, as well as all contracts signed;

V – general data for monitoring programs, actions, projects and works of bodies and entities; It is

VI – answers to society’s most frequently asked questions.

§ 2 To comply with the provisions of caput, public bodies and entities must use all legitimate means and instruments at their disposal, with disclosure being mandatory on official websites on the world wide web (internet).

§ 3 The sites referred to in § 2 must, in the form of regulation, meet, among others, the following requirements:

I – contain a content research tool that allows access to information in an objective, transparent, clear manner and in easy-to-understand language;

II – enable the recording of reports in various electronic formats, including open and non-proprietary ones, such as spreadsheets and text, in order to facilitate the analysis of information;

III – 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 – guarantee the authenticity and integrity of the information available for access;

VI – keep the information available for access up to date;

VII – indicate a location and instructions that allow the interested party to communicate, electronically or by telephone, with the body or entity that owns the site; It is

VIII – adopt the necessary measures to guarantee the accessibility of content for people with disabilities, in accordance with the terms of the art. 17 of Law No. 10,098, of December 19, 2000, It's from art. 9th of the Convention on the Rights of Persons with Disabilities, approved by Legislative Decree No. 186, of July 9, 2008.

§ 4 Municipalities with a population of up to 10,000 (ten thousand) inhabitants are exempt from the mandatory disclosure on the internet referred to in § 2, maintaining the obligation to disclose, in real time, information relating to budgetary and financial execution, in accordance with the criteria and deadlines set out in the art. 73-B of Complementary Law No. 101, of May 4, 2000 (Fiscal Responsibility Law).

Art. 9 Access to public information will be ensured through:

I – creation of an information service for citizens, in public authorities bodies and entities, in a location with appropriate conditions for:

a) assist and guide the public regarding access to information;

b) inform about the processing of documents in their respective units;

c) register documents and requests for access to information; It is

II – holding public hearings or consultations, encouraging popular participation or other forms of dissemination.

CHAPTER III

THE INFORMATION ACCESS PROCEDURE

Section I

From the Access Request

Art. 10. Any interested party may submit a request for access to information to the bodies and entities referred to in art. 1st of this Law, by any legitimate means, and the request must contain the identification of the applicant and the specification of the information required.

§ 1 For access to information of public interest, the applicant's identification cannot contain requirements that make the request unfeasible.

§ 2 Public authorities must provide an alternative for forwarding access requests through their official websites.

§ 3 Any requirements relating to the reasons determining the request for information of public interest are prohibited.

Art. 11. The public body or entity must authorize or grant immediate access to available information.

§ 1. If it is not possible to grant immediate access, in the manner set out in the caput, The body or entity that receives the request must, within a period not exceeding 20 (twenty) days:

I – communicate the date, place and method of carrying out the consultation, carrying out the reproduction or obtaining the certificate;

II – indicate the factual or legal reasons for the refusal, total or partial, of the intended access; or

III – communicate that they do not have the information, indicate, if known, the body or entity that holds it, or, even, send the request to that body or entity, informing the interested party of the sending of their request for information.

§ 2 The deadline referred to in § 1 may be extended for a further 10 (ten) days, upon express justification, of which the applicant will be notified.

§ 3 Without prejudice to the security and protection of information and compliance with applicable legislation, the body or entity may offer means so that the applicant himself can search for the information he needs.

§ 4 When access is not authorized because it is totally or partially confidential information, the applicant must be informed about the possibility of appeal, deadlines and conditions for its filing, and must also be indicated the competent authority for its appeal. Appreciation.

§ 5 The information stored in digital format will be provided in that format, if the applicant consents.

§ 6 If the requested information is available to the public in printed, electronic or any other means of universal access, the applicant will be informed, in writing, of the place and manner in which the said information can be consulted, obtained or reproduced, This procedure will relieve the public body or entity of the obligation to provide it directly, unless the applicant declares that he does not have the means to carry out such procedures himself.

Art. 12. The service of searching and providing information is free, except in cases of reproduction of documents by the body or public entity consulted, in which case the amount necessary to reimburse the cost of the services and materials used may be charged exclusively.          (See Law No. 14,129, of 2021)       (Validity)

Single paragraph. You will be exempt from reimbursing the costs set out in the caput anyone whose economic situation does not allow them to do so without prejudice to their own or family's livelihood, declared in accordance with the terms of the Law No. 7,115, of August 29, 1983.

Art. 13. When it comes to access to information contained in a document whose manipulation could harm its integrity, a copy must be consulted, with certification that it matches the original.

Single paragraph. If it is impossible to obtain copies, the interested party may request that, at their own expense and under the supervision of a public servant, the reproduction be made by another means that does not put the conservation of the original document at risk.

Art. 14. The applicant has the right to obtain the full content of the decision to deny access, by certificate or copy.

Section II

From Resources

Art. 15. In the event of denial of access to information or reasons for denial of access, the interested party may appeal against the decision within 10 (ten) days of becoming aware of it.

Single paragraph. The appeal will be directed to the authority hierarchically superior to the one that issued the contested decision, which must respond within 5 (five) days.

Art. 16. If access to information is denied by bodies or entities of the Federal Executive Branch, the applicant may appeal to the Comptroller General of the Union, which will decide within 5 (five) days if:

I – access to information not classified as confidential is denied;

II – the decision to deny access to information totally or partially classified as confidential does not indicate the classification authority or hierarchically superior authority to which the request for access or declassification may be addressed;

III – the procedures for classifying confidential information established in this Law have not been observed; It is

IV – deadlines or other procedures provided for in this Law are not complied with.

§ 1 The appeal provided for in this article may only be addressed to the Comptroller General of the Union after being submitted to the Appreciation of at least one authority hierarchically superior to the one that issued the contested decision, which will deliberate within 5 (five) days.

§ 2 Once the reasons for the appeal have been verified, the Comptroller General of the Union will determine the body or entity to adopt the necessary measures to comply with the provisions of this Law.

§ 3º If access to information is denied by the Comptroller General of the Union, an appeal may be lodged with the Commission Mixed Reassessment of Information, referred to in art. 35.

Art. 17. In the event of rejection of a request for declassification of information filed with a federal public administration body, the applicant may appeal to the Minister of State for the area, without prejudice to the powers of the Commission Mixed Reassessment of Information, provided for in art. 35, and the provisions of art. 16.

§ 1 The appeal provided for in this article may only be directed to the aforementioned authorities after being submitted to the Appreciation of at least one authority hierarchically superior to the authority that issued the contested decision and, in the case of the Armed Forces, to the respective Command.

§ 2 The appeal provided for in the caput that has as Object the declassification of secret or top secret information, appeal will be made to the Commission Mixed Reassessment of Information provided for in art. 35.

Art. 18. The procedures for reviewing negative decisions made in the appeal provided for in art. 15 and review of the classification of confidential documents will be Object of regulation specific to the Legislative and Judiciary Powers and the Public Prosecutor's Office, in their respective areas, The applicant is guaranteed, in any case, the right to be informed about the progress of their request.

Art. 19. (VETOED).

§ 1 (VETOED).

§ 2 The bodies of the Judiciary and the Public Ministry will inform the National Council of Justice and the National Council of the Public Ministry, respectively, of decisions that, at appeal level, deny access to information of public interest.

Art. 20. It applies subsidiarily, where applicable, to Law No. 9,784, of January 29, 1999, the procedure covered by this Chapter.

CHAPTER IV

RESTRICTIONS ON ACCESS TO INFORMATION

Section I

General Provisions

Art. 21. Access to information necessary for the judicial or administrative protection of fundamental rights cannot be denied.

Single paragraph. Information or documents that deal with conduct that involves violation of human rights carried out by public agents or at the behest of public authorities cannot be Object access restriction.

Art. 22. The provisions of this Law do not exclude other legal hypotheses of secrecy and judicial secrecy nor the hypotheses of industrial secret arising from the direct exploitation of economic activity by the State or by an individual or private entity that has any link with power public.

Section II

Classification of Information in terms of Degree and Periods of Secrecy

Art. 23. Information whose disclosure or unrestricted access may:

I – endanger national defense and sovereignty or the integrity of the national territory;

II – harm or put at risk the conduct of negotiations or the country's international relations, or those that have been provided confidentially by other States and international organizations;

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

IV – pose a high risk to the country’s financial, economic or monetary stability;

V – harm or cause risk to strategic plans or operations of the Armed Forces;

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

VII – endanger the security of institutions or high-ranking national or foreign authorities and their families; or

VIII – compromise intelligence activities, as well as ongoing investigation or inspection, related to the prevention or repression of infractions.

Art. 24. Information held by public bodies and entities, observing its content and due to its essentiality for the security of society or the State, may be classified as top secret, secret or reserved.

§ 1 The maximum periods for restricting access to information, according to the classification provided for in caput, They are in force from the date of their production and are as follows:

I – top secret: 25 (twenty-five) years;

II – secret: 15 (fifteen) years; It is

III – reserved: 5 (five) years.

§ 2º Information that could put the security of the President and Vice-President of the Republic and their respective spouses and children at risk will be classified as confidential and will remain confidential until the end of the current term of office or the last term, in case of re-election.

§ 3º Alternatively to the deadlines set out in § 1º, the occurrence of a certain event may be established as a final term of access restriction, provided that this occurs before the maximum classification period has elapsed.

§ 4 After the classification period has passed or the event that defines its final term has been completed, the information will automatically become publicly accessible.

§ 5 To classify information under a certain degree of secrecy, the public interest of the information must be observed and the least restrictive criteria possible must be used, considering:

I – the severity of the risk or damage to the security of society and the State; It is

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

Section III

Protection and Control of Confidential Information

Art. 25. It is the State's duty to control access to and disclosure of confidential information produced by its bodies and entities, ensuring its protection.         (Regulation)

§ 1 Access, disclosure and processing of information classified as confidential will be restricted to people who need to know it and who are duly accredited in accordance with the regulations, without prejudice to the duties of public agents authorized by law.

§ 2 Access to information classified as confidential creates an obligation for the person who obtained it to protect confidentiality.

§ 3rd Regulation will provide for procedures and measures to be adopted for the treatment of confidential information, in order to protect it against loss, undue alteration, unauthorized access, transmission and disclosure.

Art. 26. Public authorities will adopt the necessary measures so that the personnel subordinate to them are aware of the rules and observe the security measures and procedures for handling confidential information.

Single paragraph. The natural person or private entity that, due to any link with public authorities, carries out activities involving the processing of confidential information will adopt the necessary measures so that its employees, agents or representatives observe the information security measures and procedures resulting from the application of this Law.

Section IV

Classification, Reclassification and Declassification Procedures

Art. 27. The classification of information secrecy within the scope of federal public administration is the responsibility of:         (Regulation)

I – at top secret level, from 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, Army and Air Force; It is

e) Heads of permanent Diplomatic and Consular Missions abroad;

II – in the degree of secret, of the authorities referred to in section I, of the holders of autarchies, foundations or Public Companies and Mixed Economy Companies; It is

III – at the reserved level, of the authorities referred to in items I and II and those who exercise management, command or leadership functions, level DAS 101.5, or higher, of the Superior Management and Advisory Group, or equivalent hierarchy, in accordance with specific regulation of each body or entity, observing the provisions of this Law.

§ 1 The competence provided for in items I and II, with regard to the classification as top secret and secret, may be delegated by the responsible authority to a public agent, including on a mission abroad, sub-delegation is prohibited.

§ 2º The classification of information in the level of top secret secrecy by the authorities provided for in subparagraphs “d” and “e” of item I must be ratified by the respective Ministers of State, within the period provided for in regulation.

§ 3 The authority or other public agent that classifies information as top secret must forward the decision referred to in art. 28 to Commission Mixed Reassessment of Information, referred to in art. 35, within the period provided for in regulation.

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

I – subject on which the information relates;

II – basis for classification, observing the criteria established in art. 24;

III – indication of the confidentiality period, counted in years, months or days, or the event that defines its final term, according to the limits set out in art. 24; It is

IV – identification of the authority that classified it.

Single paragraph. The decision referred to in caput will be maintained at the same level of confidentiality as classified information.

Art. 29. The classification of information will be reevaluated by the classification authority or by a hierarchically superior authority, upon provocation or ex officio, under the terms and deadlines set out in regulation, with a view to its declassification or reduction of the confidentiality period, observing the provisions of art. 24.         (Regulation)

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

§ 2º In the reassessment referred to in the caput, the permanence of the reasons for secrecy and the possibility of damage resulting from access or disclosure of information must be examined.

§ 3 In the event of a reduction in the information confidentiality period, the new restriction period will maintain the date of its production as its initial term.

Art. 30. The highest authority of each body or entity will publish, annually, on a website available on the internet and intended for the transmission of data and administrative information, in accordance with regulation:

I – list of information that has been declassified in the last 12 (twelve) months;

II – list of documents classified in each degree of secrecy, with identification for future reference;

III – statistical report containing the number of requests for information received, answered and rejected, as well as generic information about the requesters.

§ 1 Bodies and entities must maintain a copy of the publication provided for in the caput for public consultation at their headquarters.

§ 2 The bodies and entities will maintain an extract with the list of classified information, accompanied by the date, the degree of secrecy and the basis for the classification.

Section V

Personal Information

Art. 31. The processing of personal information must be carried out in a transparent manner and with respect for intimacy, private life, honor and image of people, as well as individual freedoms and guarantees.

§ 1 The personal information referred to in this article, relating to intimacy, private life, honor and image:

I – their access will be restricted, regardless of secrecy classification and for a maximum period of 100 (one hundred) years from the date of production, to legally authorized public agents and the person to whom they refer; It is

II – their disclosure or access by third parties may be authorized subject to legal provisions or the express consent of the person to whom they refer.

§ 2 Anyone who gains access to the information referred to in this article will be held responsible for its misuse.

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

I – for prevention and medical diagnosis, when the person is physically or legally incapable, and for use solely and exclusively for medical treatment;

II – carrying out statistics and scientific research of obvious public or general interest, provided for by law, with the identification of the person to whom the information refers being prohibited;

III – compliance with a court order;

IV – the defense of human rights; or

V – the protection of the preponderant public and general interest.

§ 4 The restriction of access to information relating to the private life, honor and image of a person cannot be invoked with the aim of harming the process of investigating irregularities in which the holder of the information is involved, as well as in actions aimed at the recovery of most relevant historical facts.

§ 5th Regulation will provide for procedures for processing personal information.

CHAPTER V

RESPONSIBILITIES

Art. 32. The following constitute illegal conduct that gives rise to the responsibility of the public or military agent:

I – refuse to provide information required under this Law, deliberately delay its provision or intentionally provide it incorrectly, incompletely or inaccurately;

II – misuse, as well as subtract, destroy, disable, disfigure, alter or hide, in whole or in part, information that is in your custody or to which you have access or knowledge due to the exercise of the duties of a position, employment or public function ;

III – act with intent or bad faith when analyzing requests for access to information;

IV – disclose or allow disclosure or access or allow undue access to confidential information or personal information;

V – impose secrecy on information to obtain personal benefit or that of a third party, or for the purpose of concealing an illegal act committed by oneself or another;

VI – conceal confidential information from review by the competent higher authority to benefit oneself or others, or to the detriment of third parties; It is

VII – destroy or steal, by any means, documents concerning possible violations of human rights by State agents.

§ 1. Having met the principle of contradictory, broad defense and due legal process, the conduct described in caput will be considered:

I – for the purposes of the disciplinary regulations of the Armed Forces, medium or serious military transgressions, according to the criteria established therein, as long as they are not classified by law as a crime or criminal misdemeanor; or

II – for the purposes of the provisions of Law No. 8,112, of December 11, 1990, and its amendments, administrative infractions, which must be punished, at least, with suspension, according to the criteria established therein.

§ 2º For the conduct described in caput, The military or public agent may also be held liable for administrative improbity, in accordance with the provisions of the Laws No. 1,079, of April 10, 1950, It is 8,429, of June 2, 1992.

Art. 33. Any individual or private entity that holds information due to a link of any nature with public authorities and fails to comply with the provisions of this Law will be subject to the following sanctions:

I – warning;

II – fine;

III – termination of the relationship with public authorities;

IV – temporary suspension from participating in bidding and impediment from contracting with the public administration for a period not exceeding 2 (two) years; It is

V – declaration of unsuitability to bid or contract with the public administration, until rehabilitation is promoted before the very authority that applied the penalty.

§ 1 The sanctions provided for in items I, III and IV may be applied together with those in item II, ensuring the right of defense of the interested party, in the respective process, within a period of 10 (ten) days.

§ 2 The rehabilitation referred to in item V will only be authorized when the interested party reimburses the body or entity for the resulting losses and after the period of the sanction applied based on item IV has elapsed.

§ 3 The application of the sanction provided for in item V is the exclusive responsibility of the highest authority of the public body or entity, with the possibility of defending the interested party, in the respective process, within 10 (ten) days of the opening of the hearing.

Art. 34. Public bodies and entities are directly responsible for damages caused as a result of the unauthorized disclosure or improper use of confidential information or personal information, with functional liability being determined in cases of intent or guilt, ensuring the respective right of return.

Single paragraph. The provisions of this article apply to any individual or private entity that, due to a link of any nature with bodies or entities, has access to confidential or personal information and subjects it to undue treatment.

CHAPTER VI

FINAL AND TRANSITIONAL PROVISIONS

Art. 35. (VETOED).

§ 1º The Commission Joint Information Reassessment Committee, which will decide, within the scope of the federal public administration, on the treatment and classification of confidential information and will have the power to:

I – request from the authority that classifies information as top secret and secret clarification or content, partial or complete, of the information;

II – review the classification of top secret or secret information, ex officio or upon provocation from an interested person, observing the provisions of art. 7 and other provisions of this Law; It is

III – extend the confidentiality period for information classified as top secret, always for a specified period, as long as its access or disclosure could cause an external threat to national sovereignty or the integrity of the national territory or serious risk to the country's international relations, within the prescribed period in § 1 of art. 24.

§ 2 The period referred to in section III is limited to a single renewal.

§ 3 The official review referred to in item II of § 1 must occur, at most, every 4 (four) years, after the reevaluation provided for in art. 39, when dealing with top secret or secret documents.

§ 4 Failure to decide on the review by the Commission Reassessment of Information within the deadlines set out in § 3 will result in the automatic declassification of the information.

§ 5th Regulation will provide for the composition, organization and functioning of the Commission Information Reevaluation Committee, observing the 2 (two) year mandate for its members and other provisions of this Law.         (Regulation)

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

Art. 37. The Security and Accreditation Center (NSC) is established within the scope of the Institutional Security Office of the Presidency of the Republic, with the following objectives:         (Regulation)

I – promote and propose the regulation of security accreditation of individuals, companies, bodies and entities for the processing of confidential information; It is

II – guarantee the security of confidential information, including that coming from countries or international organizations with which the Federative Republic of Brazil has signed a treaty, agreement, contract or any other international act, without prejudice to the duties of the Ministry of Foreign Affairs and others competent bodies.

Single paragraph. Regulations will provide for the composition, organization and functioning of the NSC.

Art. 38. Applies, where appropriate, to Law No. 9,507, of November 12, 1997, in relation to information about a person, whether natural or legal, contained in a registry or database of governmental or public entities.

Art. 39. Public bodies and entities must reevaluate information classified as top secret and secret within a maximum period of 2 (two) years, counting from the initial term of validity of this Law.

§ 1 The restriction of access to information, due to the reassessment provided for in caput, must observe the deadlines and conditions set out in this Law.

§ 2 In the scope of federal public administration, the reassessment provided for in caput may be reviewed at any time by the Commission Mixed Reevaluation of Information, observing the terms of this Law.

§ 3 Until the reassessment period provided for in the caput, The classification of information will be maintained in accordance with previous legislation.

§ 4º Information classified as secret and top secret not reassessed within the period provided for in caput will automatically be considered publicly accessible.

Art. 40. Within 60 (sixty) days, counting from the validity of this Law, the Manager maximum authority of each body or entity of the direct and indirect federal public administration will designate an authority that is directly subordinate to it to, within the scope of the respective body or entity, exercise the following attributions:

I – ensure compliance with standards relating to access to information, in an efficient and appropriate manner to the objectives of this Law;

II – monitor the implementation of the provisions of this Law and present periodic reports on its compliance;

III – recommend the measures essential to the implementation and improvement of the standards and procedures necessary to correctly comply with the provisions of this Law; It is

IV – guide the respective units regarding compliance with the provisions of this Law and its regulations.

Art. 41. The Federal Executive Branch will designate the federal public administration body responsible for:

I – for the promotion of a nationwide campaign to promote the culture of Transparency in public administration and awareness of the fundamental right of access to information;

II – for the training of public agents regarding the development of practices related to Transparency in public administration;

III – for monitoring the application of the law within the scope of the federal public administration, concentrating and consolidating the publication of statistical information listed in art. 30;

IV – for forwarding to the National Congress an annual report with information relating to the implementation of this Law.

Art. 42. The Executive Branch will regulate the provisions of this Law within 180 (one hundred and eighty) days from the date of its publication.

Art. 43. Section VI of art. 116 of Law No. 8,112, of December 11, 1990, comes into force with the following wording:

“Art. 116. ………………………………………………………….

………………………………………………………………………………..

SAW - bring any irregularities that you are aware of due to your position to the attention of a higher authority or, when there is suspicion of the latter's involvement, to the attention of another competent authority for investigation;

………………………………………………………………………” (NR)

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

“Art. 126-A. No public servant may be held civilly, criminally or administratively liable for reporting to the superior authority or, when there is suspicion of involvement thereof, to another authority competent to investigate information regarding the commission of crimes or impropriety of which he or she is aware, even if as a result 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, in compliance with the General Standards established in this Law, define specific rules, especially regarding the provisions of art. 9th and in Section II of Chapter III.

Art. 46. The following are revoked:

I – a Law No. 11,111, of May 5, 2005; It is

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

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

Brasília, November 18, 2011; 190th of Independence and 123rd 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

Luís Inácio Lucena Adams

Jorge Hage Sobrinho

Maria do Rosário Nunes

This text does not replace that published in the DOU of 11/18/2011 – Extra edition*