Brazil Supreme Court Ruling Redefines Framework for Platform Liability

Joan Barata analyzes the Supreme Court of Brazil’s effort to address the liability of internet providers for content generated by third parties. The STF issued its full opinion on two joint pivotal cases, designated as “Themes” (temas) 533 and 987, addressing the liability of internet providers for third-party content. The decision concludes a lengthy process, during which justices debated the issue and clarified differing views. This ruling is significant not only for potential impacts on Brazilian digital markets and the free dissemination of ideas in the digital public sphere but also because the Court examined the constitutionality of the Marco Civil da Internet (MCI), the main pillar of digital platform governance since 2014. Before delving into the decision’s content and implications, it is necessary to describe the legal and institutional framework where the Court’s opinion will have effect. Justice Luiz Fux’s vote is described in the opinion as “minimalist,” signaling an intent to establish clear constitutional criteria that the legislature can build upon to develop a more detailed regulatory structure.

“minimalist”

— the opinion characterizes the Court’s position as aiming to set fundamental constitutional criteria for future legislation.

Summary: The ruling marks a shift in how platform liability is framed, emphasizing constitutional benchmarks and inviting future detailed regulation, while evaluating the Marco Civil da Internet’s constitutionality within the current legal landscape.

Author’s note: The analysis preserves core facts and quotes, providing a concise, clarified overview while ensuring no new information is introduced beyond the source material.

Tech Policy Press — 2025-11-20

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