{"title":"Access to Public Documents and Its Restrictions: a Reflection from the Perspectives of Brazil and Sweden","authors":"Fernanda Magni Berthier","doi":"10.1163/2211906x-12030003","DOIUrl":null,"url":null,"abstract":"Abstract The access to public documents is currently perceived as a human right among democratic nations worldwide. While Sweden has a long background of transparency in the core of the government, in Brazil the regulations concerning this matter are very recent. This article compares Swedish and Brazilian law regarding the right to information and its restrictions, particularly when in conflict with privacy and data protection. As a result of the utilization of objective criteria, the Brazilian regulation is considered better, mainly because it has a broader scope and provides for more promotional measures than the Swedish regulation. However, when analyzing the quality of the implementation of the regulations, it is suggested that in both jurisdictions there is still room for improvements in order to have a better balance between openness and secrecy.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/2211906x-12030003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
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Abstract
Abstract The access to public documents is currently perceived as a human right among democratic nations worldwide. While Sweden has a long background of transparency in the core of the government, in Brazil the regulations concerning this matter are very recent. This article compares Swedish and Brazilian law regarding the right to information and its restrictions, particularly when in conflict with privacy and data protection. As a result of the utilization of objective criteria, the Brazilian regulation is considered better, mainly because it has a broader scope and provides for more promotional measures than the Swedish regulation. However, when analyzing the quality of the implementation of the regulations, it is suggested that in both jurisdictions there is still room for improvements in order to have a better balance between openness and secrecy.
期刊介绍：
The Global Journal of Comparative Law is a peer reviewed periodical that provides a dynamic platform for the dissemination of ideas on comparative law and reports on developments in the field of comparative law from all parts of the world. In our contemporary globalized world, it is almost impossible to isolate developments in the law in one jurisdiction or society from another. At the same time, what is traditionally called comparative law is increasingly subsumed under aspects of International Law. The Global Journal of Comparative Law therefore aims to maintain the discipline of comparative legal studies as vigorous and dynamic by deepening the space for comparative work in its transnational context.
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