Despacho n.º 24441/2003(2ªSérie), de 19 de Dezembro de 2003
Despacho n.º 24 441/2003 (2.' série). - O disposto no n.º 2 do artigo 268.º da Constituição da República, ao prever que os 'cidadãos têm também o direito de acesso aos arquivos e registos administrativos', consagra o chamado princípio da Administração aberta.
Concretizando, em alguma medida, aquele princípio, vigora a Lei n.º 65/93, de 26 de Agosto, alterada pelas Leis n.os 8/95, de 9 de Março, e 94//99, de 16 de Julho, onde se encontra regulado o direito de acesso dos cidadãos aos documentosadministrativos.
Nos termos daquela lei ordinária, a titularidade deste direito de acesso e a legitimidade para o respectivo exercício não estão dependentes da verificação de quaisquer requisitos de natureza subjectiva, salvo quando se trate de documentos nominativos, caso em que o direito de acesso depende de prova do interesse pessoal e directo do interessado.
Pelo contrário, sempre que estejam em causa documentos não nominativos, tal direito vem ali configurado como pertencendo a todos os cidadãos, independentemente de se encontrarem ou não numa relação jurídica com a Administração, ou seja, independentemente de serem ou não interessados num dado procedimento administrativo ou numa decisão administrativa concreta.
E dispondo o artigo 14.º da citada Lei n.º 65/93 que em cada departamento ministerial, secretaria regional, autarquia, instituto público e associação pública existe uma entidade responsável pelo cumprimento...
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