DERECHO A LA INFORMACIÓN PÚBLICA A TRAVÉS DEL DERECHO DE PETICIÓN

Abstract

This essay seeks to describe what has been the normative and jurisprudential development adopted by both the Council of State and the Constitutional Court regarding the right to information, about to the provenance of providing information of a reserved nature through the right of petition, as is the case of resumes that rest in state entities, Without leaving aside the position of various writers and authors, because it is important to analyze and evidence if they have developed their relationship with documents that have legal reserve. On the other hand, this research is pertinent, taking into account that although the right of access to public information has been regulated by means of the right of petition, specifically of information that by its legal nature, is eminently reserved, at present we still find ambivalences, and even gaps in the norms that regulate this information of reserved character, Inasmuch as there are many documents that are not described in the norm as those that have legal reserve, or that their regulation leaves out some aspects, such as the case of the resumes of public officials. Likewise, this research is important for administrative law since it allows public sector institutions to be clearer with respect to those documents that by their legal nature enjoy the character of reserved, all the above making use of the hermeneutics the first and second level