Brazil — Open Records Law

Response Timeline

Initial Response

20 days

Extension

10 days

Residency Required

None

20 days from submission. May be extended by 10 days with express justification communicated to requester.

How to Submit a Request

Accepted Methods

Article 10 states requests may be made by any legitimate means (por qualquer meio legitimo). No specific portal is mandated by law. The Fala.BR platform is the unified federal system managed by CGU but is not the exclusive channel. Third-party submission: Legal entities (organizations) can submit requests. The law does not require stating a reason (Art. 10 para 3). An intermediary service can submit requests in its own name on behalf of users, as demonstrated by Queremos Saber (now managed by Fiquem Sabendo), which submits anonymized requests. The Fala.BR API explicitly supports third-party application integration. CPF barrier: Fala.BR requires a Gov.br account linked to a CPF (individual taxpayer number). Foreign entities need a CNPJ (corporate taxpayer number) or Brazilian fiscal presence for API access. Direct email/postal submission to agencies bypasses this requirement entirely. Subnational gap: 86% of municipalities have not regulated the LAI at the local level (CGU data). Many lack digital channels. State capitals and large cities generally comply; small/medium municipalities often have limited or no FOI infrastructure. Some states have own platforms (e.g., Sao Paulo launched Fala.SP in May 2024).

Required Elements

Identification of requester (name and contact information)
Specification of information requested (clear and precise description)

Optional Elements

Email address for receiving communications or requested information

Fees

Article 12: search and provision of information service is free. The agency may charge only the amount necessary to reimburse costs of services and materials when reproduction of documents is required.

Fee Waivers

Those whose economic situation does not allow payment without prejudice to sustenance (Law 7.115/1983)

Indigency declaration required under Law 7.115/1983 for exemption from reproduction costs

Exemptions

National Defense and Sovereignty

Information that could jeopardize national defense, sovereignty, or territorial integrity
International Relations

Information that could jeopardize international negotiations or relations
Public Health and Safety

Information that could jeopardize public health or safety
Economic Stability

Information that could jeopardize financial or economic stability
Military Operations

Strategic plans and operations of the Armed Forces
Intelligence Activities

Intelligence activities and ongoing investigations
Security of Officials

Security of high officials and their families
Strategic Research

Scientific or technological research and national strategic interests
Personal Information

Information concerning intimacy, private life, honor, and image (100-year restriction)

Three-tier classification: Top Secret/Ultrassecreta (25 years, renewable once to 50 max), Secret/Secreta (15 years), Reserved/Reservada (5 years). Personal information restricted for up to 100 years. Article 21: Information necessary to protect fundamental rights and information about human rights violations by public agents cannot be denied regardless of classification. Political context: In 2019, Decree 9690 (Bolsonaro administration) expanded classification power to over 1,200 commissioned officials (DAS-5/DAS-6). The administration applied 100-year secrecy classifications to sensitive information. President Lula reversed this on his first day in office (January 1, 2023) and created SITAI (System of Integrity, Transparency and Access to Information) by Decree 11.529/2023. Lacks a general public interest harm test for most exemptions (noted as a weakness by RTI Rating assessment).

Appeal Process

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Four-level administrative appeal structure at federal level: (1) Hierarchical superior of the denying official (10 days to appeal, 5 days to decide); (2) Highest authority of the agency (10 days to appeal, 5 days to decide); (3) CGU - Controladoria-Geral da Uniao (10 days to appeal, statutory 5 days but avg 58 days in 2023, worst since 2015); (4) CMRI - Comissao Mista de Reavaliacao de Informacoes (final administrative appeal for classified information). Enforcement concerns (2023-2024): CGU exceeded legal response deadlines on 25% of third-instance appeals (585 of 2,221 opinions). 70% of late-processed appeals were denied vs 33% in 2022. One Federal Police appeal took 276 days. Institutional Security Cabinet cases exceeded 400 days. (Source: Transparencia Brasil). If agency fails to respond within 20+10 days, requester can file complaint (reclamacao) directly with CGU. Article 32 establishes personal liability for officials who deliberately obstruct access. Judicial review: Mandado de seguranca (writ of mandamus) within 120 days, lower court fees, losing party not required to pay attorney fees.

Records Retention

Retention Law

Lei nº 8.159 — Política Nacional de Arquivos Públicos e Privados

Authority

Arquivo Nacional (National Archives of Brazil)

Lei nº 8.159, de 8 de janeiro de 1991

View retention law →

Retention schedule catalog →

Established national policy for public and private archives and created the National Council of Archives (Conarq). Access to confidential state security documents is restricted for up to 30 years, extendable for an equal period.

Lei nº 12.527/2011 — Lei de Acesso à Informação