Additional work as an exception to access to information and its treatment by the CGU: an analysis from the point of view of the legal pragmatism

Abstract

The purpose is study the way in which the device related to the analysis of the additional work set forth in article 13, III, of Decree 7,724/2012 has been interpreted and applied according to the administrative jurisprudence of the CGU, analyzing from the point of view of the pragmatism. To do that, we will describe elementary notions of legal pragmatism in the first part; then we will briefly review the regulations related to the rule of access to information; and finally, we will analyze the CGU judgments that specifically deal with how CGU has been interpreting and applying this question regarding additional work, relating whether this form of action is in line with the founding elements of legal pragmatism. On this specific point, we also want to check whether the implementation in consonance with the "principle" of legal pragmatism, which, as we will show below, seeks to emphasize the objective and empirical question in the application of law (in addition to seeking, at the same time, the implementation of other principles of constitutional and legal provisions related to the law on access to information). In the end, a brief conclusion about the advances, limitations, and possible innovations in the way of consideration for additional work.