Political dynamics in policymaking of freedom of information in Brazil

Abstract

Freedom of information (FOI) policymaking in Brazil is portrayed as a “successful story.” Data on adherence of the Brazilian legislation to international standards indicates its FOI institutions are in the top-ten group in the substantive dimension of FOI but are the last when it comes to the procedural dimension. What mechanism has driven this process to produce such ambivalence? This study assumes that FOI policymaking in Brazil represented an ambiguous legitimacy-based emulation process, oriented toward homogenization to the international field, but without breaking the governmental control over information. It draws on theoretical work on policy diffusion focusing on emulation and uses theories on conflicts and negotiation for power as drivers of policymaking. The results suggest this process was forged by political dynamics of disputes and compromises, and its outcomes derived from political trade-offs between key actors on controversial issues. Thus, the results materialized the preferences of non-governmental actors for a larger scope and no “eternal secrecy” and assured government offices’ prerogatives on implementation and their final decision on appeals. This case may represent a broader phenomenon, considering that comparative data indicates that this ambivalence in adherence between substantive and procedural dimensions is more significant in Latin America than in other regions.