In an interesting turn of events, the Brazilian Air Force has been utilizing a decree law from the military dictatorship period (1964-1985) to exempt itself from certain obligations under the Access to Information Law (LAI).
The Air Force maintains that this decree allows it to create its own rules and not conform to procedures followed by other institutions.
This situation has led to the Air Force denying several information requests, including specifics about airspace closures and details on the types of aircraft used.
The Controladoria-Geral da União (CGU), a federal accountability office, has supported the Air Force’s stance.
However, the secretary responsible for access to information has requested a review of this use of legislation.
Prominent figures have voiced their criticism of the Air Force’s approach.
Former Supreme Federal Court Minister Marco Aurélio Mello and ex-CGU Minister Jorge Hage have called for a reassessment of the use of dictatorship-era legislation.
Additionally, the project director of Transparência Brasil, a non-profit organization promoting transparency in Brazilian public administration, has expressed concern and called for enhanced transparency.
This development highlights the ongoing debate surrounding interpreting and applying historical legal documents in contemporary contexts.