POSITIVIZACIÓN DE LA TRANSPARENCIA A TRAVÉS DE LA TEORÍA DE LA DOBLE DIMENSIÓN DE DERECHOS: UNA VISIÓN COMPARADA

The article analyzes the legal framework of transparency in force in Latin America, enacted on an unfinished debate in the doctrine regarding the dual dimension of transparency, positivized as a right and a principle of public administration due to its importance for democratic institutionalism and its relationship with open government. Accordingly, it seeks to describe a dualistic legal framework, which accommodates the essential normative content for the effective and real enjoyment of fundamental rights, as two dimensions of the same right not limited to the reductionism of a declarative norm, nor to the good will of politicians. Finally, the text manages to explain how the transparency laws proposes an incomplete normative content, which could hinder democratic governance practices to advance from the closed State towards OPEN government, despite its importance to open windows in the engine room of public administration.