Brazil Supreme Rules that Civil Servant’s Salaries May Be Shown in Internet

São Paulo mayor, Gilberto Kassab
Brazil's Supreme Court held on July 8 that the mayor of the municipality of São Paulo could order the salary of all municipal civil servants to be put online. The Superior Court of São Paulo had previously suspended the mayor's decision to do this, on grounds of personal security.

On 16 June 2009, the Mayor of São Paulo, Gilberto Kassab, decided that the new website, Keeping an Eye on Public Costs (De Olho nas Contas) – http://deolhonascontas.prefeitura.sp.gov.br – should include a nominal list of all civil servants attached to the municipality – including 147,000 employees of the central administration and another 15,000 employed indirectly – with their posts, salaries and place of work.

Two associations of civil servants (representing professors, engineers and architects) filed lawsuits against this decision. They were granted an urgent provisional decision by the Superior Court of São Paulo, and the information was taken off-line. The Municipality appealed to the Supreme Court, which canceled the provisional decision and held that the information could be disseminated.

The two associations argued that the disclosures would, among other things, breach their constitutional rights to privacy and security of person. The Municipality argued that to refuse to disclose the data would be a violation of the constitutional right to information and principles of publicity of all administrative acts.

The São Paulo Superior Court held that the information could put people at risk, and also accepted some procedural arguments. The Supreme Court judge who ruled on the case, Justice Gilmar Mendes, referred to the fact that the Internet has transformed the citizen-State relationship, particularly in relation to social control over public expenditure.

The judge recognized that in some cases, openness could legitimately be limited. However, in this case, the public interest in having the information was stronger than the rights of civil servants, and "public order" would be violated by enforcing a judicial decision that undermined the Municipality's policy of transparency, in favor of individual rights.

The press freedom organization Article 19 has released a note welcoming the decision of the Brazilian Supreme Court and calling on the Brazilian judiciary to apply such standards in all right to information cases.

Genuine acceptance of the right to information will sometimes require balancing with other rights, reason Article 19, and the forward-looking stance of the Supreme Court in undertaking this balancing, rather than simply falling back on accepted notions of privacy and security, which are more established in the jurisprudence, is very welcome.

The international organization has also praised what it called the progressive position of the mayor of São Paulo and asked other public bodies also to adopt strong measures on openness of information.

"This is particularly pertinent and important in light of the new bill on the right to information presented by President Lula to Congress in May 2009," they argue.

Tags:

You May Also Like

Brazil’s Dog Perfume Maker’s Dream: To Conquer Paris

Brazil's Pet Passion, a maker of perfumes for dogs and cats, has ambitious plans. ...

American missionary Dorothy Stang murdered in Anapu, Pará state, Brazil

Brazil Remembers Second Anniversary of US Missionary Murder

Between February 9 and 12, different Brazilian social movements staged demonstrations in defense of ...

Why India Is Decades Ahead of Brazil

Besides religiosity, two things distinguish man from the other animals: walking on two legs ...

Brazil Sees Paraguay’s Coziness with US as Reason for Concern

The creation of the Mercosur Parliament (Parlasur), scheduled to begin operations in January, was ...

A Brazilian Model to Fight Poverty and Pollution at the Same Time

Cascata, a 587-hectare settlement run by the Brazilian land reform institute (Instituto Nacional de ...

Brazilian Indians Sitting on World’s Largest Diamond Mine

The Brazilian government has just issued a Temporary Measure (Medida Provisória) (MP) which will ...

Brazil’s So-called Free Electoral Ad Time Costs Taxpayers US$ 350 million

According to Brazilian law, open television channels and radio stations must set aside a ...

7 Minors Are Massacred and Dismembered in Rio, But Brazil Barely Notices

The community of Del Castilho, in the North side of Rio de Janeiro, Brazil, ...

78% Up in 2009: China and Commodities Surge Boost Brazil Market

The Brazilian stock market, Bovespa, went up, this Thursday, October 15, for the fifth ...

Tales of the Trembling Earth

A roar made the house shake. A blood cascade gushed over the man! The ...

WordPress database error: [Table './brazzil3_live/wp_wfHits' is marked as crashed and last (automatic?) repair failed]
SHOW FULL COLUMNS FROM `wp_wfHits`