Networks control judgment opposes STF and Congress, experts say

The Supreme Federal Court (STF) president and minister LUUS Roberto Baroso, this Wednesday (4) this Wednesday (4) was guided to re-launch the judgment of the Internet Civil Mark, which was suspended for the time for view-by Mendonaka in December last year.

The inquiry revolves around the responsibility of digital platforms for illegal content published by users such as hate lectures, false information, violence and crimes against children and adolescents.

Currently, Marco Civil Da Internet (2014) maintains the performance of networks in Brazil, whose Article 19 only allows the legal responsibility of companies Failure to comply with court orders For the removal of content.

According to an expert advocate in the digital law, lawyer Palo Lilla, defining the court’s order for accountability is the main factor of the trial.

According to Lilla, there are two different views on the responsibility of platforms by third party content.

“Those who maintain the constitutionalism of Article 19, claiming that he will make shields and impose bureaucratic obstacles to eliminate illegal matters. Lillai says that the lawyers of the Article need a rule to ensure freedom of expression and prevent pre -censorship.”

In this judgment scenario, the experts have heard CNN They predict that the National Congress has yet to decide on the control of social networks in Brazil.

STF X Congress

The start of the trial is the beginning of the tension between the judiciary and the Congress, mainly due to the filing of the so -called fake news PL in 2023. Some parliamentarians must be treated by the Legislature in their assessment as an attempt to legalize the Supreme Court’s movement on a theme.

Some parliamentarians see the verdict of the matter to the STF attack. The CNN, After taking the chair, President Hugo Mota (Republicans-PB) said “Not legalized is also a position” And is considered as “error”, the STF decides on the subject.

However, Digital Law and Personal Data Protection Expert Larissa Pigos believe that the Supreme Court is working in its constitutional qualities when they judge concrete cases. However, the detection of the judgment takes place at a sensitive moment in the dynamics among the forces.

“Although it is working in its constitutional capacity by confirming Supreme Concrete cases, it is important to identify the law and in practice, it is important to recognize that there is a fine line between setting up parameters with almost regulatory effects,” said Larissa.

Although the verdict does not configure the official control, she usually explains that the STF decisions in opposing actions have strength and act as a guide to the rest of the judiciary – directly affecting the behavior of platforms.

“A STF decision has the strength and in practice, the interpretation parameters that guide the performance of the entire judicial system can directly affect the behavior of digital platforms,” ​​said Larissa.

For an expert advocate in the region, Marcus Valverde, the Congress delayed the STF to control the problem.

“As the Congress slowed down to move forward with this agenda, the Supreme Court plays an active role in filling the regulatory void, asking for the protection of the basic rights of threatened by spreading illegal content in social networks,” Valward said.

He believes that although the Supreme Court does not have the performance of the Legislature, its decisions – re -understanding the constitutional unconstitutionalism of Article 19 or finally declare – new accountability parameters for platforms can be set up.

“This will directly affect these companies in Brazil, and the content wants more attention in moderation,” he said.

Planto Performance

Also control of networks The subject of negotiations in the Executive Branch. On Monday (27), the Attorney General of the Union (AGU) submitted a petition to the Supreme Court in which the immediate application of legal action against the episodes of ignoring the wrong information and platforms in removing illegal content.

Second Paulo Lila, The manifestation of Agu This reflects the status of the Federal Government, which indicates the revision of Article 19 to allow the direct responsibility of the platforms, without the need for an early court decision.

“The high politicization of this technical and gentle theme weakens the structure of democratic and balanced solution. The ideal control is from the Congress, with transparency and popular partnership – in the expansion of Marco Civil,” said the lawyer.

According to CNN, President Luiz Inacio Lula Da Silva (PT) is involved in the pronunciation of individually initiating the control proposal. The Planto Palace works to send a project to the legislature after this semester.

Legal and social challenge

Experts agree that the STF trial can recognize a new chapter in the history of Internet control in Brazil. According to them, the challenge, the protection of fundamental rights, the freedom of expression, and the balance of platforms.

“We are facing a discussion beyond the restrictions of the law: it affects the way we inform us, communicates citizenship in the digital environment and exercise in the digital environment,” captures Larissa Pigo.

Valverde understands that any change will preserve balance between freedom and abuse protection, ensuring a safe and democratic digital environment

“This decision has significant impacts on the process of working technology companies and requires more attention in the control of the content and the protection of consumer rights.”