WHEN SECRECY IS THE RULE: INTELLIGENCE ACTIVITY AND ACCESS TO INFORMATION IN BRAZIL

Abstract

Is it possible to reach a common ground between the inherent secrecy of Intelligence and Democracy? This work’s main objective is to answer such inquiry. The theoretical frameworks that inform this paper are: Guillermo O’Donnel’s theory of accountability; The precept of temporal limitation of the secret, popularized by Norberto Bobbio; and the assumption defended by Paulo Bonavides that the right to information is in the midst of so-called fourth-dimensional human rights. In addition, legal scholars- such as José dos Santos Carvalho Filho and Gilmar Mendes - and Intelligence Activity scholars - such as Joanisval Brito Gonçalves and Marco Cepik -, help shed light on the topic. Finally, this paper adopted both qualitative and quantitative methodologies and its primary sources: 1988 Brazilian Constitution, international treaties, infraconstitutional laws - with special attention to the Law of Access to Information (LAI) - and data extracted from the Brazilian Portal Access to Information, for the creation and manipulation of a database.