THE DUTY OF ADMINISTRATIVE TRANSPARENCY, THE FUNDAMENTAL RIGHT OF ACCESS TO INFORMATION AND THE PANDEMIC OF COVID-19: ANALYSIS OF THE RESTRICTIONS OF PROVISIONAL MEASURE No. 928 IN THE LIGHT OF DIRECT ACTION OF INCONSTITUTIONALITY Nr. 6,347, 6,351 and 6,353 BY THE FEDERAL SUPREME COURT

ABSTRACT

Objective: the purpose of the article is to analyze the State's compliance with its duty of administrative transparency with regard to the citizens' human-fundamental right to information during the COVID-19 pandemic. To this end, the analysis of provisional measure 928 in the light of Direct Unconstitutionality Actions (ADI) 6,347, 6,351 and 6,353 judged by the Supreme Federal Court is adopted as a hypothesis test. Methodology: the deductive method of bibliographic and documentary procedure for research is adopted, through the review of books, scientific articles, theses and dissertations, as well as the legislation and court decisions. Contributions This study contributes to the debate on the special role of the principle of administrative transparency, previously regarded as publicity, which assumes the aspect of transparency as an element not only of administrative action, but its role as a fundamental human right necessary for the full exercise of man and his citizenship, as well as corollary of a Republican State, in which the manifestation of power must respect the democratic process and the fundamental choices of the Constitution. Results: only through the interface between Administrative Law and Constitutional Law in the articulation between fundamental rights and duties that will rebuild an administrative dogmatic capable of observing the realization of constitutional assets and values and will promote the importance of constitutional jurisdiction the improvement of an administrative citizenship necessary for a more democratic and constitutional Public Administration. © 2022, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.