Exceções legais ao direito de acesso à informação: dimensões contextuais das categorias de informação pessoal nos documentos arquivísticos

Abstract

The aim of this study is contributing to insights, in the realm of Archival Studies and of Information Science, on the fair balance between right to information access and rights to private life, intimacy, honor and right image. As a starting point, this research contextualized the question of ample access to archives and the responsibility shouldered by archivists in light of the conflict between such rights. Next, it was aimed to analyze some aspects of the application of the Federal Law number 12.527/2011 (Information Access Law - IAL) in Brazil, alongside the Federal Executive Branch, more specifically with regard to requests for access to information denied or partially conceived, once they refer to personal information, when the possibility of irregularities and / or difficulties in relation to the definition of personal information was verified. In light of such possibility, it was aimed to present a framework able to demonstrate the requisites that characterize this information to enable the promotion of unrestricted access to archival documents, abiding by the legal exceptions to the right to access to information. The exercise of exploration and analysis of the theory (theoretical overview) was conducted in two ways: in the realm of Law and in the realm of Archival Studies. In the realm of Law, the aim was to explore the applicability of the Theory of Fundamental Rights and, then, identify and summarize their characterizing and distinctive features, besides the converging aspects, of fundamental rights which pervade intimacy, private life honor and image, having as a goal the comprehension of each concept and their applicability in real cases. In Archival Studies, it was aimed to shed light on the archival documents own characteristics as well as on the contemporary and broad view of the provenience principle, besides the concept of archival context. It was taken into account that both ways of exploration and analysis of the theory demonstrate the requisites that contribute to the identification, by citizens and public servants, organizations and entities of the public sector (among them archivists, archival services and archival institutions) of archival documents to be generated structured, managed and interpreted as holding information violating individuals intimacy, private life, honor and right image.