74 3. Normative Framework 195. The right to access to information is enshrined in Article 5 of the Federal Constitution of 1988287 and is regulated, inter alia, by the following decrees and laws: a) Law No. 8.159, of 1991, which regulates the national policy of public and private archives, access and restrictions to public documents, among other orders;288 b) Decree No. 2.134, of 1997, which regulates Article 23 of the Law No. 8.159, on the categorization of public secret documents;289 c) Decree No. 4.553, of 2002, which regulates the protection of data, information, documents, and restricted material, concerning to the security of the society and of the State in Federal Public Administration forum;290 d) Decree No. 5.301, of 2004, which created the Commission for the Investigation and Analysis of Confidential Information;291 e) Law No. 11.111, of 2005, which introduced the possibility of permanent confidentiality of official records classified as ultra-secretive,292 and f) Decree No. 5.584, of 2005, which regulates the hand over to the National Archive of documents under custody of the Brazilian Intelligence Agency (ABIN), and provides for the application of the restrictions enshrined in Decree No. 4.553.293 C. Right to freedom of thought and expression 196. The Court has established that, pursuant to the protection offered by the American Convention, the right to freedom of thought and expression consists of “not only the right and freedom to express ones own opinion, but also of the right and freedom to seek, receive, and impart information and ideas of all kinds.”294 Like the American Convention, other international human rights instruments, such as the Universal Declaration of Human Rights and the International 287 El Article 5, subsection XXXIII, of the Federal Constitution establishes that “all have access to receive, from public institutions, public information of their particular interest or of a collective or general interest, those of which shall be offered in the legal period, under penalty of responsibility, except for those whose confidentiality is necessary for the safety of society and of the State” (case file of annexes to the final written arguments of the State, tome I, annex 4, folio 8751). 288 Cf. Law No. 8.159 of January 8, 1991 (case file of annexes to the final written arguments of the State, tome I, annex 14, folios 9062 to 9065). 289 Cf. Decree No. 2.134 of January 24, 1997 (case file of annexes to the application, tome I, annex 3, folios 16 to 21). 290 Cf. Decree No. 4.553 of December 27, 2002 (case file of annexes to the final written arguments of the State, tome I, annex 16, folios 9070 to 9082). 291 Cf. Decree No. 5.301 of December 9, 2004 (case file of annexes to the final written arguments of the State, tome I, annex 17, folios 9084 to 9086). 292 Cf. Law No. 11.111, of May 5, 2005 (case file of annexes to the final written arguments of the State, tome I, annex 15, folios 9067 and 9068). 293 Cf. Decree No. 5.584 of November 18, 2005 (case file of the answer to the application, tome I, annex 2, folios 5539 and 5540). 294 Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 30; Case of López Álvarez v. Honduras. Merits, Reparations and Costs. Judgment of February 1, 2006. Series C No. 141, para. 163, and Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C No. 151, para. 76.

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