Acesso e gestão da informação governamental do tipo arquivístico: aspectos técnicos e a visão de gestores e servidores de duas instituições governamentais

Abstract

The central theme of this research is the access and management of government archival information, under the legal and the functional point of view. The access to government information has two basic requirements: the legal provision and the processing of the information for later retrieval. When we prospect Brazilian law history, we find that there was an evolution of the right of access to government information since the first Constitution in 1824, with advances and setbacks in specific historical periods. Since the 1988 Constitution, this right has been consolidated and expanded in Brazil by various legal rules. When we think about the treatment of government archival information, we realize that, although there is a law managing the subject, this is poorly enforced by the Federal Public Administration, pledging the opportunity of broad access to information. To understand this phenomenon, we turn to Philosophy applied to the Law. According to Jürgen Habermas, a legal standard must be legitimized and have its facticity validated by the legal community that is affected by it. The legitimacy is related to the regular legislative process in which the actors have the opportunity to, on equal terms, present their arguments. The factual validity is the recognition, in the legal norm, of the values shared by the community, values that are motivating action and therefore of compliance. It then examines how federal public agents validate facticity of the legal rules related to the access to and the management of government archival information. Therefore, we use the Shalom Schwartz’s Theory of Values and the measurement instrument these values, the Portrait Value Questionnaire (PVQ-21). Data collection was conducted through interviews with managers and questionnaires to public agents, in order to identify the perception and knowledge of the population investigated in relation to the right of access to government information and archival document management and stagger cultural values. From the results obtained, we verified the perception of the public agents and their managers in relation to the aforesaid legislation and its implementation and its relation to the scale of value priorities identified in the institutions.