The duality of the regulation of transparency in the public function, on the one hand, configured as a constitutional principle of democracy, and on the other, as a guarantee of the fundamental right of access to public information, justifies examining constitutionalism in terms of legal positivism. The methodology used was inductive, and was based on a critical analysis of the current constitutional legal body of a sample of countries in the region, to examine whether or not its regulation recognizes transparency for its democratic importance. It is concluded that the constitutional normative content examined is incomplete, and could hinder progress towards open government and the opening of the State’s engine room, as well as the reuse of public data in balance with other fundamental rights. Finally, it is criticized that most of the norms examined do not clearly coincide with transparency as a fundamental right, so a dogmatic scheme is described that seeks to advance in the recognition of transparency in two dimensions, so that lege ferenda concretize the necessary reforms can be promoted to overcome the weakening of democracy through open government plans.