Article 16
(Amicable or adversarial challenge)
The requestor may amicably or adversarially challenge the express or tacit noncompliance or decision restricting the exercise of the right of access.
Article 17
(Monitoring Commission)
It is the responsibility of the Monitoring Commission to ensure compliance with the
provisions of the current law.
Article 18
(Composition of the Monitoring Commission)
1. The Monitoring Commission is made up of the following members:
a) a judge from the Chamber of Civil and Administrative Law5 nominated by the
Judicial High Council, who shall be the Chair;
b) two Members of Parliament elected by the National Assembly, reflecting a multiparty composition;
c) a law professor nominated by the President;
d) two persons of high standing nominated by the government;
e) a lawyer nominated by the Law Society.
2. Any member may at his initiative be replaced by an alternate appointed by the
same entity that appointed him or her.
3. The terms of office of members shall be two years, renewable; without prejudice to
[the expected] termination when a member ceases to perform the functions which led
to his or her appointment.
4. All members may serve their terms over and above their other functions.
5. Rights and benefits of the members are set out in a regulations instrument of the
present law.
6. Entities having an interest in matters being discussed at a given session of the
commission may have a representative present, without the right to vote.
Article 19
(Powers)
5
In the process of looking up the nature of this institution to arrive at as nearly as possible English
equivalent, I can find no sign of the existence of such a structure, (using web search engines, finding
only a single match for this “Civil Chamber” in Brazil).
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