The Brazilian Marco Civil da Internet: Features and the question of liability for content moderation
Fabiano Menke · Nomos Verlagsgesellschaft mbH & Co. KG eBooks · 2025
In the year of 2014 Brazil approved the so-called Marco Civil da Internet, its civil legal framework regulating the internet. This work seeks to present the context of the approval of this act and to briefly describe some of its provisions such as the ones concerning net neutrality, data protection and data retention duties by internet service providers. Moreover, the work seeks to inform about the judgement of a crucial case by the Brazilian Supreme Court (STF) which shall take place in the year of 2024 and will define if the provision of the Marco Civil da Internet concerning the civil liability of internet service providers is constitutional. As indicated at the final remarks of the paper, the Brazilian Supreme Court will be ruling if article 19 of the Marco Civil da Internet is still up to date and in which ex tent international legal initiatives such as the European Digital Services Act (DSA), which establishes heavier duties for the platforms, might influence Brazilian Law.