Mendonka opened a new chain and votes connected to large tech
The Supreme Federal Court (STF) Minister Andro Mendonna started a new difference on Thursday (5) and voted for the Constitutional 19 of the Internet Civil Mark’s Article 19. For him, digital platforms are responsible for the publication of third parties only if they fail to follow court orders to eliminate content.
The position of the minister is suitable for large techs, which are contrary to the changes in the article that enhances their responsibility.
“I understand that the device is theoretically constitutional, in the light of the constitutionally established beacons,” said Mendonka.
The trial resumed on Wednesday (4) after a request for the Propio Minister’s perspective in December. Mendonka had a long vote, which carried two sessions of the court’s plenary.
The minister proposed to resolve the new doctrines. In his view, private message services such as WhatsApp cannot be considered social networks.
The minister also expressed himself to remove the consumer profile. According to Mendonia, the citizen makes it impossible to speak to prevent the future illegal actions “violates the range of fundamental rights and guarantees.”
The minister argued that the work of controlling social networks is not a judicial system but a national Congress.
“The work of controlling social networks or the current open space, and that people should directly grant agents to limit their actions. Nobody is better than leaders who have invested in direct democratic legality to establish the rules that use our time.”
Conflicts
Ministers Dias Tofoli and Louis Fucks, Reporters and Court President Louis Roberto Barrouso, voted contrary to the requirement of the judicial notification to withdraw the offensive content.
Tofoli’s vote provides immunity to current model platforms and should be considered unconstitutional. The Minister has submitted a proposal that it will consider Article 21 of Landmark, which must withdraw the content from the user’s general notification.
In turn, the fucks voted in favor, the respect to describe the crimes (injury, slander and defamation) as soon as the companies were informed of the respect or image and privacy that companies needed to remove hazardous content, and this can only be re -published with justice.
The FUX argues that the background lecture, racism, pedophilia, inspiration to violence and violence of democratic governance and the violence of the rebellion and the violence of the rebellion, and the need to inform customers, removing active monitoring and content from the wind.
In a further intermediate line, Minister Baroso pointed out that the Marco civil regime would not provide adequate protection to the fundamental rights of the digital platforms for the third party content. For the president of the court, if something is informed to the platform that indicates the guilt, such as creating a false profile, removing the content should be immediately removed.
There are still seven ministers to vote. Minister Barrasso still decided the date of re -launching the trial.
Cases are analyzed
Ministers analyze the extraordinary appeal (RE) 1037396 reported by Minister Dias Tofoli. In the current context, Facebook queries the decision from the Sao Paulo Court of Justice (TJSP) It has decided to exclude false profile on the social network.
In another appeal reported by Minister Louiz Fucks (Re 1057258), Google tries to reverse a decision, decided to pay moral compensation for the exclusion of the Okrot community created by the Minus Garis Court of Justice (TJMG).
