Supreme Court will analyze the constitutionality of Brazilian Civil Rights Framework for the Internet article

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The Brazilian Supreme Court (STF – Superior Tribunal Federal) recognized the general repercussion of the matter discussed in the Extraordinary Appeal filed by the Facebook against decision of the Appel Court of Piracicaba Circuit in which it has condemned Facebook to compensate the Plaintiff and exclude a false profile.

The Plaintiff has claimed that has never had a profile on Facebook, but a fake one was created to her, without her knowledge or authorization. So, the Plaintiff request that the Facebook was obligated to take down the fake profile and also condemned to indemnify.

However, the article 19 of the Brazilian Civil Rights Framework for the Internet stated that an internet provider – such as Facebook – can only be obligate to indemnify if it has not comply with a judicial order to take the content down.

The Appel Court has condemned Facebook to indemnify and deemed unconstitutional the article 19. Thus, Facebook has filed a Extraordinary Appel requesting the recognition of constitutionality of such article.

Therefore, the STF has understood the matter of the Appel is extremely relevant to the society as general, recognizing the general repercussion of the Appel.

Consequently the decision of the Appel will be of great relevant to future cases involving internet provider and when they could be deemed obligate to indemnify.

Advogada Autora do Comentário: Natália Nogueira dos Santos

Fonte: http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=371229

Manchete: “STF discutirá validade de regra do Marco Civil da Internet sobre responsabilização de sites e redes sociais”

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

 

 

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