The interplay between the principle of publicity, the access to information Law (LAI), and the General Data Protection Law (LGPD) in the exercise of control of Public Administration by the Public Prosecution Service

Abstract

This scientific article investigates the relationship between the principle of publicity, a cornerstone of Administrative Law, the Access to Information Law (LAI, Law 12,527/2011), a crucial tool for public administration oversight, and the General Data Protection Law (LGPD, Law 13,709/2018) within the specific context of public administration control exercised by the Public Prosecution Service. The central question lies in how to harmonize the Public Administration's need to ensure transparency in its acts and access to public information – essential for the Public Prosecution Service to exercise external control over public administration – with the necessary protection of citizens' personal data and privacy. This balance must be achieved without impeding the constitutionally defined supervisory role of the Public Prosecution Service. The research was conducted through a bibliographical and jurisprudential review, analyzing relevant doctrine and legislation. Contrary to the initial hypothesis, the conclusion reveals that it is possible to reconcile the LGPD and the LAI in the exercise of public administration control by the Public Prosecution Service, provided certain legal and principled premises are guaranteed.