Brazilian Judicial Civil Rights Framework for the Internet: promoting rights and accountability in the new digital economic order

Abstract

In the context of the evolution of internet regulation in Brazil, highlighting the importance of the Brazilian Internet Civil Rights Framework (Law No. 12,965/2014) in protecting fundamental rights and holding application providers accountable, the research problem discusses the adaptation of legislation to the new demands of the digital economy and ensuring the effectiveness of judicial decisions in view of the ubiquity of the internet. The general objective is to investigate how the Brazilian Internet Civil Rights Framework was densified by paradigmatic judicial decisions, promoting the accountability of providers and overcoming barriers to state economic sovereignty. The methodology adopted involves the analysis of paradigmatic cases from the Brazilian Supreme Court (STF) and the Superior Court of Justice (STJ) on the accountability of internet application providers and the scope of Brazilian judicial decisions. The principles, guarantees, rights and duties established by law are discussed, including the protection of privacy, net neutrality and the liability of providers; The article analyzes the STF's decision on the imposition of economic sanctions on companies that fail to comply with Brazilian court orders, reinforcing digital sovereignty; examines the STJ's decision on the global unavailability of defamatory content, highlighting Brazilian civil jurisdiction over illegal content on the internet; and addresses the STF's judgment on the constitutionality of article 19 of the Internet Civil Rights Framework and the liability of digital platforms for content published by third parties. It is concluded that the judicial decisions analyzed strengthen the protection of fundamental rights and the liability of digital platforms, aligning with international trends in regulating the digital economy.