The Legislative Observatory of São Paulo: A Paradigm Shift in Digitalising Legal Norms and Enhancing Legislative Transparency
About the Câmara Municipal de São Paulo | Brazil. Written on April, 2022
Introduction
In the dynamic realm of democracy, the legislation that underpins our societies is not a static entity but an evolving construct that requires regular review, updating, and above all, transparency. The City Council of São Paulo, governing the most populous city in Brazil, has recognised and responded to this need by implementing the Legislative Observatory. This pioneering initiative serves as a comprehensive platform for the digitalisation of legal norms, providing an accessible, searchable, and scrutinisable repository of laws for public consumption. This essay provides an analytical exploration of this initiative, underlining the importance of the digitalisation of legal norms, identifying the challenges encountered, and assessing its transformative potential for public engagement in the legislative process.
Understanding the Legislative Landscape of São Paulo
With a population exceeding 12 million inhabitants, São Paulo is not only a significant contributor to Brazil's national GDP but also a city with a diverse and voluminous legislation. This is largely due to the city's authority to legislate on a wide range of matters affecting local interests. Recognising the importance of monitoring, organising, and making accessible this vast array of legal norms, the City Council initiated a partnership in 2020 with the Law Faculty of the University of São Paulo. This collaboration led to the establishment of the Legislative Observatory, a dedicated institution tasked with analysing and categorising the legislation produced in the city between 2000 and 2020.
This ambitious project involved a rigorous classification and analysis of a multitude of norms. The resulting data showed that a significant portion (approximately 60%) of the legislation was of relatively low complexity, such as the naming of streets or honouring notable figures in the city. However, it also highlighted that a considerable proportion of the legislation (around 38-40%) encompassed critical and complex areas including affirmative action, public administration, economic activity, public health, education, culture, housing, urban mobility, social services, employment, and more.
The Digitalisation Journey and its Challenges
Even prior to the onset of the COVID-19 pandemic, the City Council of São Paulo had made strides towards digitalisation, implementing a system for the submission, deliberation, and processing of low complexity legislative proposals. This initial move towards digitalisation proved fortuitous in the face of the pandemic, allowing the legislative process to continue virtually undeterred in a fully digital environment. The existing system was adapted and expanded to accommodate more complex proposals, ensuring the city's legislative machinery continued to function throughout the challenging circumstances.
Despite the success of the digitalisation process, the observatory's analysis unveiled some inherent challenges and areas of concern within the legislative process. It was found that a notable 8% of the legislation that required implementation or regulation by the executive branch was not enacted, indicating an element of legislative ineffectiveness due to a lack of implementation. Additionally, approximately 2-3% of the legislation was deemed unconstitutional or illegal by the judiciary. Furthermore, the observatory disclosed that a considerable 20% of legislative proposals were entirely vetoed by the executive power, which raises pertinent questions about the efficacy and efficiency of the legislative process.
The Pursuit of Greater Transparency and Accessibility
At the heart of the Legislative Observatory's mission is a commitment to enhancing transparency and accessibility in legislation. The observatory provides a user-friendly platform that presents legislation in a manner that is accessible and easily comprehensible. This endeavour goes beyond merely offering an archive of laws; it aims to improve the public's understanding of the legislative process, the nature of the norms produced, and their effectiveness post-implementation.
Moreover, the observatory has identified critical areas that need addressing to further enhance legislative transparency and certainty. For instance, it found that over 80% of the legislation produced in São Paulo over the last 20 years contained a generic revocation clause, which essentially means it repealed previous laws without specifying which ones. This practice, while expedient, can lead to legal uncertainty. In response, the observatory is working towards ensuring that each new law explicitly states the laws it supersedes, thereby fostering a greater sense of legal certainty.
Similarly, it was discovered that many laws contained non-specific "other provisions" without explicitly detailing what these were. This ambiguous phraseology, found in over 80% of cases, could potentially hinder legal clarity and contribute to legal uncertainty. The observatory is committed to addressing this issue and is advising legislative bodies on the importance of clear and specific drafting to enhance understanding and reduce ambiguity.
A Deeper Insight into the Legislative Process
Another critical facet of the observatory's work is its commitment to offering citizens a deeper insight into the legislative process. The digital platform provides access to all elements of the legislative journey, from the initial proposal to committee discussions, commission reports, and the final law enacted by the executive branch. This provision includes links to the official gazette pages where the laws are published, as well as references to any norms cited within the legislation. This comprehensive visibility of the legislative process fosters a deeper public understanding of how laws are made, thereby enhancing democratic engagement and accountability.
The observatory is also taking strides to investigate and publicise the reasons behind legislative vetoes, providing valuable insights to legislators and the public alike. This increased transparency can guide future legislative proposals, reducing the likelihood of vetoes and improving the overall efficiency of the legislative process.
Conclusion
In conclusion, the Legislative Observatory of São Paulo is a transformative initiative that is reshaping how citizens access and understand the laws that govern their city. By digitalising legal norms and providing a platform for greater legislative transparency, it is creating a more informed citizenry, fostering more meaningful public engagement, and enhancing the efficiency and effectiveness of the legislative process. However, the observatory's ongoing analysis has revealed areas where improvement is needed, particularly regarding the clarity of legislation and the implementation of laws. As the observatory continues its vital work, it serves as an illuminating case study for other cities and nations, demonstrating the potential of digitalisation to revolutionise legislative transparency and public engagement in the democratic process.