Precisions to the right of access to public information from the first precedent of the Tribunal of Transparency and Access to Public Information of Peru

Abstract

The present study has, as its unit of analysis, the first mandatory precedent issued by the Court of Transparency and Access to Public Information of Peru (TTAIP). The instrumental conception of the technique of the precedent stands out, as well as its suitability to elaborate specific rules that help define the actions of the subjects obliged by the law, in the face of a case of exception for the delivery of public access information.
The analysis of the arguments of the precedent was carried out through the scheme of legal reasoning proposed by Manuel Atienza, which consists of three levels: formal, material, and pragmatic. This methodological strategy makes it possible to assess the extent to which said statement contributes to strengthening compliance with the duties related to the treatment of the information requested from public administration entities, within the framework of the constitutional rule of law.