Transparency in public administration: (in)compatibility between visibility and other constitutional principles by analyzing the case through the fts 144 ADPF.

Abstract

The purpose of this article is to address the transparency of public administration as vital to the concreteness of the Democratic State of Law, which requires only the citizen as recipient and holder of power, therefore, assuming that all acts on behalf of citizens are run should be viewed and monitored by him. However, this visibility proposal shall not infringe other constitutional provisions that are also essential for the consolidation of democratic rule. First will appear the faces of the visibility, in the sense that sometimes emanates transparency and sometimes hiding. Then it will treat a case which is the ADPF 144 FTS, which includes the tension between information and publicity of her protection, which generates confrontation between publicity and privacy, right to information and due process, adversarial and presumption of innocence. Finally, it is understood that the information publicized should avoid certain vices, such as fallacies and personality, to really convert to transparency, which proves to be an appropriate conclusion so as to effectively reach a transparent public administration in the public interest and not the interests of a minority or of the public administrator.