TRANSPARENCY IN THE PROVISION OF PUBLIC SERVICES BY PRIVATE

Abstract

This article has as its theme the applicability of the Access to Information Law (AIL) - Law n. 12.527/2011 – addressed to individuals who provide public services before the news by the Public Service User Defense Code (PSUDC) - Law n. 13.460/2017. The AIL expressly covers public bodies with a duty of transparency and access to information. However, it does not subordinate the delegates of public services, individuals or legal entities that receive authorization to provide the service instead of the Public Administration, what causes a gap in the legal system. The PSUDC establishes that the access to information by users of public services should be governed by the terms of the AIL as well as it should be subsidiarily applicable in the alternative to private providers of public services. Thus, I analyzed the possibility of applying the AIL to public service delegates in Brazil from the PSUDC, taking as a starting point the constitutional right of access to information, transparency in the Administration Public, the Access to Information Law regime, the provision of public services in Brazil, and the forms of delegation to the private sector. Despite the absence of doctrinal sources on the topic, the analysis carried out in this work reinforced the understanding that it is possible to apply AIL to private providers of public services due to the news brought by PSUDC.