How Can São Paulo Public Employees Comment on Incident Reports?

Question from Gi, How Can São Paulo Public Employees Comment on Incident Reports?

Answer from AI:

Legal Basis for Incident Reporting

Public employees in São Paulo are governed by several statutes that shape how they must document incidents:

• Brazilian Civil Code (Law 10.406/2002) – establishes the duty of public officials to act with loyalty, truthfulness, and diligence.
• Law 8.112/1990 (Statute of Federal Civil Servants) – although federal, its principles are often adopted by state and municipal bodies, requiring accurate record‑keeping and prohibiting falsification of official documents.
• São Paulo Municipal Ordinance No. 13.939/2009 – provides the specific format and procedural steps for internal incident reports (Relatórios de Ocorrência – RO).
• State Decree No. 58.640/2011 – outlines the chain of command for reporting and the handling of confidential information.

These norms collectively require that remarks in incident reports be factual, clear, and free of personal bias.

What May Be Included in Remarks

When an employee adds a comment to an incident report, the content should be limited to:

1. Observations – what the employee personally saw, heard, or measured.
2. Actions taken – steps the employee performed, including timestamps and resources used.
3. Consequences – injuries, damages, or other outcomes directly linked to the incident.
4. Follow‑up instructions – any directives received from supervisors or legal counsel.

Personal opinions, speculation, or unrelated commentary are not permissible and could expose the employee to disciplinary action under Law 8.112/1990, article 117 (disrespect to public service).

Formatting and Procedural Steps

1. Use the official template – the RO form includes fields for “Data/Hora,” “Local,” “Descrição dos Fatos,” and a separate “Observações do Servidor.”
2. Write in the first person – e.g., “I observed…,” “I secured the area at 14:35,” which reinforces that the remark reflects the employee’s direct knowledge.
3. Be concise and chronological – list events in the order they occurred; avoid long narrative paragraphs that can obscure key facts.
4. Avoid jargon – replace technical acronyms with their full meaning on first use, unless the report is intended solely for a specialized audience.
5. Sign and date – the employee must affix a digital or handwritten signature and the date of entry, confirming authenticity.

Confidentiality and Access

• Confidential information – if the incident involves personal data protected by the General Data Protection Law (LGPD – Law 13.709/2018), the employee must redact or code such details, noting the redaction in the remarks.
• Chain of custody – once submitted, the report becomes part of the public administration’s official record and may be accessed by internal audit, the judiciary, or oversight bodies, but only in accordance with LGPD and the Access to Information Law (Law 12.527/2011).

Common Pitfalls to Avoid

• Subjective language – words like “obviously,” “clearly,” or “unreasonable” imply judgment rather than fact.
• Excessive detail unrelated to the incident – e.g., personal grievances or unrelated workplace issues.
• Late entry – delaying remarks can raise questions about accuracy; best practice is to complete the report within 24 hours of the event.

When to Seek Professional Guidance

If an incident involves potential criminal liability, complex liability issues, or sensitive personal data, the employee should:

• Consult the agency’s legal department before finalizing remarks.
• Request clarification from a supervisor if unsure whether a detail is appropriate to include.

Because the application of statutes can vary by agency and specific circumstances, a licensed attorney familiar with Brazilian public‑service law should be consulted for personalized advice.

For the full text of the relevant municipal ordinance, see the São Paulo Municipal Gazette (search “Ordinance 13.939/2009”). The LGPD is available on the official government portal under “Lei Geral de Proteção de Dados.”