Transparência passiva, formalismo e os poderes estaduais brasileiros

Abstract

The article presents the results from the study that aimed to investigate the attendance of the executive, legislative and judicial branches of Brazilian states government, towards the legal demands for availability of information to society, by means of passive transparency. The empirical object included 27 state governments, 27 legislative councils and 27 courts of justice. The research is descriptive, operationalized by a documental research, with a qualitative approach. In order to collect the data, an information request was sent to the three branches and was analyzed through the technic of documentary analysis. In the analysis of passive transparency in the Brazilian states government branches, the majority of the states presented better results in their executive branch, if compared to the judiciary or legislative. On the other hand, there have been those who seemed to face difficulties in the attendance of information demands. This detachment between imposed transparency to the governmental entities and its effective accomplishment is highlighted in literature as being a characteristic of formalism.