Abuse of the right in access to public information in the callao air customs intendence
DOI:
https://doi.org/10.15381/lucerna.n3.23947Keywords:
Public Administration, Abuse of the right, Access to public informationAbstract
The problem of abuse of rights in requests for access to public information is examined, in the Callao Air Customs Administration, where we have noticed the presentation of requests by the same petitioner, manifestly repetitive with respect to the same documents, requests requiring documentation generic, it is also noted that some requests contain intimidating texts denouncing abuse of authority, which would put us in the scope of an abusive exercise of the right of access to public information, which could easily be extended to the detriment of the entire Administration public. The qualitative research method is used, based on the analysis of the specific regulations of Transparency and public information. In the same sense, the constitutional norms referring to the abuse of rights are analyzed from a philosophical perspective as a theory. A study is carried out on the pronouncements of the Transparency Court and the Constitutional Court related to the case; In the same way, a review of comparative law is carried out, where the applicable laws are analyzed, especially in countries where they have already overcome this problem. Finally, alternative solutions are proposed through the modification of Law No. 27806 - Law of Transparency and Access to Public Information.
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Copyright (c) 2022 Walter Javier Velazco Lévano
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