The Judiciary — Principle of Transparency and the Duty of Information

José Luiz Pinheiro Lisboa Miranda

Résumé

[extract] Primacy of Law can only exist in a transparent legal system whose base should be ruled in the application of the principle of transparency in all its areas. Thus, all the agencies of the Public Administration, especially the Judiciary, should be guided and modeled by the principle of transparency.

Transparency is one of the basic principles of the idea of democracy, born in the course of history as an alternative means for overcoming the obstacles imposed by absolutist States and, thus, containing their eventual excesses and abuses.

Along the last decades, the transparency in the conduct of the public businesses, accomplished by the Public Administration, emerged as a demand in respect to the control and the rulers’ responsibility, broadly transmitted by political speeches, by the press and the contemporary literature. The recent legislation accompanies this movement.

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