PRELIMINARY ANALYSIS ON THE CIVIL LIABILITY OF APPLICATION PROVIDERS IN BRAZIL

Abstract

This article examines the relationship between Law No. 12,965/2014, the Civil Rights Framework for the Internet and the regulation of the virtual environment, focusing on the characteristics of the civil liability of application providers. The growing influence of the internet in contemporary society, the setting for discussion on the legal and ethical challenges faced by digital intermediaries, finds in the Marco Civil the basic structure of a regulation that establishes rights and duties for users of the virtual environment, highlighting its principles of net neutrality, privacy and multisectoral collaboration. In this context, the civil liability of internet providers, with the implications of their performance in content moderation, is an important tool to prevent violations of rights in the virtual environment, and the objective of this work is to clarify the criteria of this regulation. The analysis highlights the relevance of evolving jurisprudence in defining the liability of application providers, with emphasis on the discussion on the constitutionality of article 19 of Law 12,965/2014, in the search for a balance between freedom of expression, the protection of individual rights and the liability of digital intermediaries. Through the deductive approach, making use of descriptive and qualitative research, with consultation of primary and secondary sources, of bibliographic and documentary character, this work observes how the Civil Rights Framework for the Internet shapes internet governance in Brazil, influencing the performance of application providers and the challenges faced in content moderation.