The Digital Government Law (Law 14.129 / 2020) was sanctioned by President Jair Bolsonaro and created new rules for public agencies. One of them is the requirement that the services are also offered over the internet. To facilitate access, the rule also establishes that the agencies must request the fewest number of documents possible and avoid the need for face-to-face assistance.
Among the principles of the Digital Government Law are transparency, quality and the use of language understandable to anyone. However, the main one involves cutting red tape. The law stipulates that public services must be brought together in a single portal and value self-service, that is, what can be done without the mediation of another person.
It also values the exchange of data between bodies and entities of different powers and spheres. The idea is to eliminate unnecessary document requirements so that the service is streamlined. But what changes, in practice, with the Digital Government Law?
Issuing documents over the internet
The law says that public agencies will use “digital solutions in the management of finalistic and administrative policies”. Thus, those who issue certificates, certificates, diplomas and other supporting documents will be able to offer the service digitally. To request the issuance of documents, citizens must submit electronic signatures.
Public agencies will also be able to make communications, notifications and subpoenas electronically. This model, however, can only be adopted with the user’s consent. The messages will be sent by a platform capable of proving the issuance and receipt, in addition to storing the data for at least five years.
The rules provided for in the Digital Government Law apply to bodies of direct public administration, including the Executive, Judiciary and Legislative branches, in addition to the Federal Audit Court, the Federal Public Ministry and their state and municipal correspondents. The measure also includes indirect administration, involving public companies and mixed-capital companies, autarchies and public foundations.
CPF as identification number
Among the changes, there is also the adoption of the CPF (Individual Taxpayer Register) as the only number necessary to identify citizens in public agency databases – in the case of companies, the main identification data will be the CNPJ (National Taxpayer Registry) Legal).
Due to the change, the identification number must appear in the registers and documents of public agencies, civil registry and professional council cards. See which personal documents will be required to display the CPF:
- birth certificate;
- wedding certificate;
- death certificate;
- DNI (National Identification Document);
- NIT (Worker Identification Number);
- PIS (Social Integration Program) or Pasep (Program for the Formation of the Civil Servants’ Heritage);
- National Health Card;
- voter registration;
- Work and Social Security Card;
- CNH (National Driver’s License) or Driving Permit;
- military certificate;
- professional card issued by the regulated profession’s supervisory boards;
- ID card;
- registration certificates and enrollment numbers on federal, state, district and municipal public bases.
Portal centralizes public services
To help citizens find what they need, the federal government will be able to create the National Public Service Base. It will also gather details about services available in each state and municipality. The information will be registered by each government in an open format and in standard with other federal entities.
Today, a base already available to everyone is the Gov.br portal, which brings together more than 4 thousand public services from the federal government. The website could also be used to highlight what is offered by state and municipal governments.
The law also deals with digital government platforms, that is, tools such as websites and apps used to take advantage of public services. The standard sets a standard for them and requires the provision of resources to request service and track delivery. In addition, platforms must display a dashboard to monitor the performance of public services.
The panel needs to give details such as the number of orders in progress and completed, the average time of service and the degree of user satisfaction. In addition to showing this information to the public, the agencies should take advantage of it to implement improvements in their services.
Following the provisions of the LGPD (General Data Protection Law), government platforms must be transparent about data processing. This includes informing the source of the information, the purpose of the treatment and with which organs they are being shared.
The Digital Government Law determines that data from public databases are freely available to society, as long as they respect LGPD principles and some requirements, such as respect for the privacy of personal data and sensitive data. The standard summarizes: the availability of non-personal databases should be a general precept and confidentiality should be an exception.
Public agencies must disclose a series of data on their own. Among them, there are expenses and revenues, transfers of federal funds to states and municipalities, tenders, public purchase notes, and business trips. The law also requires the opening of data on sanctions applied to individuals, companies, NGOs and public servants.
In addition, it is necessary to present information about the servers, including name, professional relationship and remuneration. Those occupying positions of leadership and direction should have their resumes disclosed. The agencies, in turn, must disclose an inventory with all databases created, as well as a catalog with open data available.
Anyone can ask to open a public database without information protected by law. The process will follow the rites of the Access to Information Law. Public agencies cannot impose requirements that prevent the request, nor question the motivation for the request to open the database.
When does it come into force?
The Digital Government Law was published in the Federal Official Gazette on March 30, 2021. The rules come into force in stages, depending on the level of government. For bodies linked to the Union, that is, at the federal level, they apply 90 days after publication. The states and the Federal District adopt the rules 120 days after publication. Municipalities now apply the rules 180 days after the law was created.