The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?

The question which motivated this work refers to the fact whether the rules anticorruption law (Law 12.846/13) and its respective decree represents a step forward or backward with the scope of information and transparency of companies that contract with the government. This approach has its origin i...

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Autores principales:	Denise Bittencourt Friedrich, Fábio Roque Sbardelotto
Formato:	article
Lenguaje:	PT
Publicado:	Universidade de Santa Cruz do Sul 2016
Materias:	Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/54d019689d8d4d92b33e83016fe72087
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spelling	oai:doaj.org-article:54d019689d8d4d92b33e83016fe720872021-11-19T14:15:35ZThe fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?0104-94961982-995710.17058/rdunisc.v2i49.8078https://doaj.org/article/54d019689d8d4d92b33e83016fe720872016-09-01T00:00:00Zhttps://online.unisc.br/seer/index.php/direito/article/view/8078https://doaj.org/toc/0104-9496https://doaj.org/toc/1982-9957The question which motivated this work refers to the fact whether the rules anticorruption law (Law 12.846/13) and its respective decree represents a step forward or backward with the scope of information and transparency of companies that contract with the government. This approach has its origin in the necessity of thinking ways to ensure the ethics in government procurements, especially in the private sector, which is part the contractual legal relationship. The method used in this work is the hypothetical-deductive method due the presented problem, there is a chance that the republican values entered in the constitution, the effectiveness of the rights and duties to information goes through an effort to extend it to a private initiative in contracts with the government, given the public interest involved, and from this point, it will be promoting the principle of public morality. To answer this question, it was used the analysis of the anticorruption law, given such concern for the ethical management of the companies that contract with the government. However, the scope of this work is to investigate how this legal tool as well as the decree that regulated it treated the transparency questions related with the managements of such companies. It was noticed that the corruption regulation directed to the private sector is a great step forward, but it cannot be taken as a conclusion of this work. The treatment given by the anticorruption law was lacked, the situation that it was remained in its regulated decree has backwards points.Denise Bittencourt FriedrichFábio Roque SbardelottoUniversidade de Santa Cruz do SularticleLawKLaw in general. Comparative and uniform law. JurisprudenceK1-7720PTRevista do Direito, Iss 49, Pp 116-130 (2016)
institution	DOAJ
collection	DOAJ
language	PT
topic	Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Denise Bittencourt Friedrich Fábio Roque Sbardelotto The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?
description	The question which motivated this work refers to the fact whether the rules anticorruption law (Law 12.846/13) and its respective decree represents a step forward or backward with the scope of information and transparency of companies that contract with the government. This approach has its origin in the necessity of thinking ways to ensure the ethics in government procurements, especially in the private sector, which is part the contractual legal relationship. The method used in this work is the hypothetical-deductive method due the presented problem, there is a chance that the republican values entered in the constitution, the effectiveness of the rights and duties to information goes through an effort to extend it to a private initiative in contracts with the government, given the public interest involved, and from this point, it will be promoting the principle of public morality. To answer this question, it was used the analysis of the anticorruption law, given such concern for the ethical management of the companies that contract with the government. However, the scope of this work is to investigate how this legal tool as well as the decree that regulated it treated the transparency questions related with the managements of such companies. It was noticed that the corruption regulation directed to the private sector is a great step forward, but it cannot be taken as a conclusion of this work. The treatment given by the anticorruption law was lacked, the situation that it was remained in its regulated decree has backwards points.
format	article
author	Denise Bittencourt Friedrich Fábio Roque Sbardelotto
author_facet	Denise Bittencourt Friedrich Fábio Roque Sbardelotto
author_sort	Denise Bittencourt Friedrich
title	The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?
title_short	The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?
title_full	The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?
title_fullStr	The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?
title_full_unstemmed	The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?
title_sort	fundamental right to the information and transparency in the anticorruption law: is it going forward or backward?
publisher	Universidade de Santa Cruz do Sul
publishDate	2016
url	https://doaj.org/article/54d019689d8d4d92b33e83016fe72087
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The fundamental right to the information and transparency in the anticorruption law: Is it going forward or backward?

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