by PublicABCP
Translated and reviewed by Matheus Lucas Hebling
The article “Secrecy Management in the Brazilian Armed Forces: An Analysis of Regulatory Norms and Practices,” authored by Karina Furtado Rodrigues, a researcher at the Escola de Comando e Estado-Maior do Exército (ECEME — Army Command and General Staff School), investigates the procedures adopted by the Navy, Army, and Air Force for classifying information as secret, with a focus on the norms that regulate access to and disclosure of documents.
The research proceeds from the principle that secrecy, although legally provided for, must be understood within a system of regulation and governance that enables some level of institutional and social oversight.
The objective of the study is to understand how document classification practices are structured within the Brazilian Armed Forces, grounded in the logic of protecting the security of the state and society. To this end, the author analyzed internal regulations of all three branches, conducted interviews with public servants, and filed freedom-of-information requests. The methodology made it possible to map the legal and operational provisions that guide the attribution of secrecy classifications, as well as to identify how these processes vary across the Army, Navy, and Air Force.
The analysis focused on four main axes: the authorization of classifying bodies, the procedures for assigning and reassessing classification levels, the mechanisms of external oversight, and the management of declassified documents. The author highlights significant differences among the three branches in terms of regulatory structure and institutional transparency.
While the Army has more detailed regulations, the Navy and Air Force operate with greater opacity and less standardization in their procedures. One of the problems identified is the absence of instruments to ensure public access to documents whose classification has already expired, which prevents access even after formal declassification.
The study concludes that secrecy management in the Armed Forces exhibits significant weaknesses. In particular, it draws attention to the broad discretion that classifying bodies have in determining the level of secrecy assigned to documents, without objective criteria or clear standardization across the branches. This decisional flexibility hampers institutional oversight of classification practices and can compromise the coherence and transparency of the process.
Another critical point is the fragility of external oversight mechanisms. The Controladoria-Geral da União (CGU — Office of the Comptroller General) acts as the third-instance appeals body under the Lei de Acesso à Informação (Freedom of Information Act) and, although it does not have the formal authority to alter a document’s classification level, it can order that the information be provided to the requesting citizen if it deems the classification improper.
The Comissão Mista de Reavaliação de Informações (CMRI — Joint Commission for the Reassessment of Information), the highest appeals body, is responsible for evaluating the reclassification of top-secret documents. Despite being established by law, these bodies still operate under limitations that reduce their effectiveness in overseeing secrecy decisions, which reinforces the need for greater transparency and control over the criteria employed.
By analyzing in depth the norms and practices of secrecy management in the Armed Forces, the study contributes to the debate on the limits and challenges of transparency in military institutions. The research demonstrates that secrecy, although legally provided for, cannot be treated solely as a security prerogative but must be subject to clear criteria, periodic reviews, and effective external oversight mechanisms.
Author Profile
Karina Furtado Rodrigues holds a Ph.D. in Public Administration from the Escola Brasileira de Administração Pública e de Empresas (EBAPE — Brazilian School of Public and Business Administration) at the Fundação Getulio Vargas (FGV). She is a professor in the Programa de Pós-Graduação em Ciências Militares (PPGCM — Graduate Program in Military Sciences) at the Escola de Comando e Estado-Maior do Exército (ECEME — Army Command and General Staff School) and coordinator of the Laboratório de Governança, Gestão e Políticas Públicas em Defesa Nacional (Lab GGPP Defesa — Laboratory for Governance, Management, and Public Policy in National Defense) at PPGCM/ECEME.
PUBLICATION DETAILS
Title: Secrecy Management in the Brazilian Armed Forces: An Analysis of Regulatory Norms and Practices (Gestão do sigilo nas Forças Armadas brasileiras: uma análise das normas e práticas regulatórias)
Author: Karina Furtado Rodrigues
Year of Publication: 2024
Available in: Revista Direito GV, v. 20
