The Right to Petition and Access to Case Files: How Citizens Can Follow an Administrative Proceeding

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

If you are a party or an interested person in an administrative proceeding, you have the right to know what is in the case file, obtain copies, and get certificates from the public agency. This right comes from the Constitution and from the legislation governing administrative proceedings. It gives way only in specific situations involving confidentiality, and only when the authority properly justifies it.

The Basis for the Right to Access Your Own Case File

A citizen’s access to proceedings in which he or she is a party or an interested person is not a courtesy from the government. It is a right guaranteed at several levels of the legal system. Article 5, item XXXIII, of the Constitution provides that everyone has the right to receive information of personal interest from public bodies, except for information whose secrecy is essential to the security of society and of the State.

In the same article, item XXXIV guarantees the issuance of certificates by public agencies to defend rights and clarify matters of personal interest. Item LX, in turn, provides that the law may restrict the publicity of procedural acts only when the protection of privacy or the social interest so requires.

Publicity is therefore the rule, and confidentiality the exception. When you ask to review a proceeding that concerns you, you do not have to show any extraordinary reason. Being an interested person is enough, meaning someone whose legal sphere may be affected by the administrative decision.

What the Administrative Procedure Law Says

At the federal level, Law 9.784 of 1999 governs administrative proceedings and spells out these rights. Article 3, item II, guarantees the individual dealing with the government, among other prerogatives, the right to be informed of how proceedings are moving when he or she is an interested person, to review the case file, to obtain copies of the documents in it, and to know the decisions issued.

This rule carries the principles of adversarial proceedings and full defense (contraditório e ampla defesa) into the administrative sphere. There can be no real defense without prior knowledge of what the government has found. For that reason, access to the case file comes first and makes possible any response from the interested person, whether in a disciplinary proceeding, a public bidding process, or a benefit application.

States and municipalities usually have their own administrative procedure laws, many modeled on the federal one. Where no specific law exists, the case law allows the principles of Law 9.784 to be applied by analogy, so as to preserve the essential core of the right of access.

A citizen’s access to proceedings in which he or she is a party or an interested person is not a courtesy from the government. It is a right guaranteed at several levels of the legal system.

Review, Copies, and Certificates: What Each Request Means

Although they may seem like synonyms, reviewing the file, obtaining copies, and requesting a certificate serve different purposes. Review is the examination of the case file, in person or electronically, which lets the interested person learn the full contents of the proceeding. Obtaining copies, on the other hand, gives you a tangible record of those contents, on paper or in a digital file, for study and for preparing your defense.

A certificate is a document issued by the agency itself that officially attests to facts or data in its records. It serves to prove a specific situation to third parties, such as the status of a request or the existence of a particular decision.

As electronic proceedings have spread, many of these requests are now handled through digital platforms and online filing. Even so, the right remains the same. What changed was the medium, not your prerogative to know and document the contents of the case file.

The Access to Information Law, Law 12.527 of 2011, reinforces this framework by regulating access to information held by the State. It sets out procedures, response deadlines, and the possibility of an appeal when a request is denied, giving citizens more tools to work with.

The Legitimate Limits of Confidentiality

The right of access is broad, but it is not absolute. The Constitution itself allows restrictions when secrecy is essential to the security of society and of the State, or when publicity would compromise the privacy of third parties. The Access to Information Law details these situations and creates classification categories for sensitive information.

On one side, some information is classified as restricted, secret, or top secret because of a risk to national defense, international relations, or the security of officials and institutions. On the other, there is personal data about third parties, which must be handled in a way that respects privacy, private life, and the protection provided by data protection legislation.

This limit, however, cannot be used as a pretext to keep you from learning what is being held against you. A refusal to allow review must be reasoned, identify the legal basis, and precisely delimit the portion that is actually confidential. The rest of the case file remains accessible, in keeping with the principle of maximum disclosure.

In the area of investigations, the higher courts have established that a defense lawyer has broad access to evidence already documented in an investigative proceeding, on behalf of the person he or she represents. The rule protects the defense against surprises and keeps confidentiality from becoming an obstacle to adversarial proceedings.

How to Exercise the Right in Practice

The first step is to identify the agency responsible for the proceeding and the case number. With that information, you can file a request to review the file and obtain copies, either in person at the agency’s filing desk or through the available electronic channels, describing objectively what you want to access.

When the request is based on the Access to Information Law, the agency must respond within twenty days, which may be extended by ten more with express justification. If access is denied, the law provides for an appeal to the hierarchically superior authority within a set period, and for further levels of review depending on the structure of the public entity.

It is advisable for the request to state clearly your status as the requester, indicating whether you act as a party, an interested person, or a representative. Powers of attorney and identification documents are usually required to protect personal data and prevent unauthorized third parties from obtaining protected information.

If you face a refusal without a legal basis, excessive requirements, or unjustified delay, you can appeal administratively and, if necessary, turn to the courts. A writ of mandamus (mandado de segurança) is the traditional tool for protecting the clear and certain right of access, when the authority’s unlawful act or abuse of power is shown.

Knowing these paths keeps you from being left at the mercy of informal answers or verbal refusals. Putting your request in formal terms creates a record, starts the legal deadlines running, and opens the door to the appeals provided by law, making the right to follow your own proceeding effective.

Frequently Asked Questions

Do I have to explain why I want to see a proceeding in which I am a party?

No. When you are a party or an interested person in the proceeding, that status alone gives you the right to review the file, obtain copies, and get certificates about its contents. Requiring a detailed explanation has no support in the legislation governing administrative proceedings, which guarantees access as a consequence of adversarial proceedings and full defense.

Can the agency charge for making copies?

The Constitution guarantees the issuance of certificates to defend rights. Reproducing documents may lead to a charge covering the cost of the services and materials used, under the Access to Information Law. That reimbursement, however, must be limited to the actual cost of reproduction and must not become an economic barrier to exercising the right.

What should I do if the agency denies access to the case file?

The denial must be reasoned and must identify the legal basis for the confidentiality. If you receive a refusal without adequate justification, you can appeal to the superior authority within the deadline provided and use the available levels of review. If the unlawful conduct continues, you can go to the courts, including through a writ of mandamus (mandado de segurança), to secure access that was improperly denied.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.