BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Notwithstanding the unanimity among the eight ministers who participated in the trial, in the sense of inexistence of conflict, it will be tried to discuss whether such conflict did not happen and, if it did, how it should be approached, from the premises that integrate the theory of principles, developed by Robert Alexy. 2. The Extraordinary Remedy Decision with Appeal N. 652.777/Sp The Rapporteur of the Extraordinary Remedy, Judge Teori Zavascki, pointed out that the matter had already been dealt with by the Federal Supreme Court with a deal proposed by the Regimental Appeal in Suspension of Security n. 3,902, which involved exactly the disclosure of the remuneration of public servants of the municipality of São Paulo. By understanding that the vote, then given by Judge Ayres Brito, examined all the arguments espoused in the contested judgment in RE 652.777, it was considered appropriate to incorporate it as a reason for deciding. Because of the importance of the analysis for the debate that will be raised later, a direct quotation seems to fit: 12. Initiated by the judgment that we are dealing with a demanding situation of conciliation of constitutional principles in an apparent collision state. Apparent conflict, no more than that. On the one hand, there is the principle of administrative publicity (caput of article 37). A principle that means the public duty to disclose public acts. Duty eminently Republican, because the management of the public budget should happen with maximum transparency. Of course, exceptions are also constitutionally open, which are “ those whose secrecy is indispensable to the security of society and the State ” (item XXXIII of article 5). Therefore, respecting the constitutional exceptions, the fact is that “ everyone has the right to receive from the public agencies information of their particular interest or of collective/general interest, which shall be provided within the term of the law, under penalty of responsibility (…) ”, according to the first part of the same article 5. This is how individuals are able to defend themselves against the eventual illicit attacks of the State, while citizens can make concrete use of the right that our Constitution assures them by § 2 of its article 72: “ Any citizen, political party, association or trade union is a legitimate part to denounce irregularities or illegalities before the Court of Auditors of the Union, in accordance with the law .“ 13. On the other hand, there are discussions about what would assist the municipal officials not to divulge their gross remuneration. This is because it implies a violation of their privacy and private life, threatening their personal and family security. General knowledge facilitates the formatting of a type of database that would enable third parties to plan financial scams against the municipal employees and harass them personally for unconfessable purposes. 14. My vote is already perceived. The gross remuneration, positions and functions they hold, the organs of their formal stocking, everything is constitutive of information of general interest. Therefore, exposing the official disclosure.

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