Provedores de aplicação, direitos fundamentais e responsabilidade civil por conteúdos de terceiros

Abstract

Internet service providers have become highly relevant agents in contemporary society, directly impacting fundamental rights established in the Federal Constitution of 1988. This study aimed to analyze the uniqueness of the civil liability regime for Intermediaries, a broad term adopted in the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet). The regulation establishes that civil liability for third-party content is conditioned upon non-compliance with a court order, thereby protecting users' freedom of expression, even if, in some situations, this occurs to the detriment of personality rights such as privacy and honor. For the proposed analysis, the study first conceptualized the object of research, followed by a comparison of different business models of Intermediaries. In the second chapter, through bibliographic, normative, and jurisprudential research, a systematic analysis of case law from the Superior Court of Justice (STJ) and specific cases was conducted to examine how disputes related to the civil liability of Intermediaries for third-party content have been resolved. This analysis provided insight into how the Court ruled in cases of apparent normative conflicts and challenges in applying Article 19 due to the business model of the Intermediary. Finally, in the last chapter, the study focused on Topic 987 of the Supreme Federal Court, which assesses the constitutionality of Article 19 of the Marco Civil da Internet. The final considerations highlighted the need to refine the liability regime for Intermediaries regarding third-party content, given that the term encompasses various business models, each with distinct impacts and risks for society.