Compliance in times of public calamity: Analysis on the flexibilization of the transparency of data and information during COVID-19 s facing in Brazil

Abstract

Compliance has high importance in the legal relations of the public administration, which is subject to the principle of legality, provided for the Federal Constitution of Brazil of 1988. However, emergency situations allow the mitigation of the effects of certain rules and procedures, which may hinder actions facing the crisis. This article seeks, through bibliographic research and documentary study, to analyze the impacts of the decree of public calamity in the country, due to the pandemic caused by COVID-19, evaluating the consequences of possible flexibility of procedures and rules, extremely necessary to control management, as in the case of the ones dealing with transparency and access to information. It is understood that, in order to maintain fundamental rights and guarantees, as well as the transparency of public management acts, in spite of the flexibility of control rules, exceptional situations demand their expansion, so that society and authorities can follow, even better, public activities, due to the increased risk of diversion, fraud and corruption. In this sense, it is the case to think about the pertinence and importance of the application of integrity programs in the direct public administration, which allow the maintenance of controls, in a systematic way, even in exceptional situations. The present study is justified by the need to deepen studies related to the effectiveness of Brazilian public management control mechanisms, as well as by the great repercussion and interest of the theme in the current context of the epidemiological crisis.