Decree No. 369 published by the Ministry of Justice and Public Security establishing procedures for the disclosure of information regarding the Ministry and its government officials

Decree No. 369, published on July 30, 2020, establishes the procedures for the disclosure of information through active transparency, within the Ministry of Justice and Public Security (“Ministry”).

In accordance with the Decree, the disclosure of information through active transparency must be aligned with the public interest and with the institutional objectives of the Ministry. Active transparency aims to disclose information regardless of requests from the general public.

In this respect, for the disclosure of information through active transparency, the following data must at least be included:

i. record of the competencies and organizational structure, addresses and telephone numbers of the respective offices and opening hours for the public;

ii. records of any onlending or transfers of financial resources;

iii. record of expenses;

iv. information regarding bidding procedures, including public notices and outcomes, as well as all contracts entered into;

v. general data for monitoring programs, actions, and projects of agencies and entities; and

vi.  answers to the most frequently asked questions.

Regarding government officials with activities in the Ministry, their official agenda/calendar should be made public, so as to prevent situations that could present a potential conflict of interest involving its members.

Thus, all hearings, public events, government meetings, events and activities funded by third parties, political/electoral events in which such government officials participate, even if conducted remotely, must be disclosed.

The appointments should, whenever possible, be published at least twelve hours in advance.

Unscheduled appointments and changes to previously scheduled appointments, including those related to the topics addressed during the meeting, must be recorded in the official agenda/calendar within two business days after they are made.

Lastly, the disclosure of information regarding public services of the Ministry must be made through the website “gov.br” and the public service management units will appoint an employee responsible for the content to be disclosed.

Demarest’s Compliance and Investigations team is available to provide any clarifications on this and other matters.