PROCEDURAL DEPOLARIZATION IN INDIVIDUAL CIVIL LIABILITY ACTIONS UNDER THE LAW No. 12.965/2014, THE BRAZILIAN INTERNET CIVIL FRAMEWORK
Name: THIAGO DE FREITAS FERREIRA
Publication date: 16/05/2024
Examining board:
Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Presidente |
| CLAUDIO IANNOTTI DA ROCHA | Examinador Interno |
| THIAGO FELIPE VARGAS SIMÕES | Examinador Externo |
Summary: With the advent of Law No. 12.965 of 2014, the Internet Civil Framework in Brazil, service providers became subject to a new regime of civil liability for damages arising from content generated by third parties. However, the law did not bring clear and specific provisions regarding the actions to be taken to claim the new rights it aims to protect. Moreover, it is often the case that the identity of the author of the content from which the alleged damage arises is not only uncertain for the victim, but the right to privacy of that author has also been constitutionally assured (Constitutional Amendment No. 115 of 2022). This dissertation aims to investigate how the flexibilization of Individual Civil Liability Actions in the Brazilian Internet Civil Framework, from the perspective of its subjective conformation, can contribute to the provision of more adequate and efficient judicial protection. The investigation is justified since topics such as hate speech, cancel culture, and freedom of expression on social networks are currently on the agenda. For the purpose of filing the lawsuit, the victim ends up including in the common ground of the passive pole of the reparatory action legitimate subjects (service providers, content providers, and anonymous users causing the damage) whose interests are not necessarily and/or entirely convergent and harmonious among themselves. Thus, the research, which is qualitative in nature, aims to develop, based on a broad doctrinal, legislative, and jurisprudential review on the subject, and which is absolutely relevant to the research line of justice systems, constitutionality, and protection of individual and collective rights of this Master's Program in Procedural Law. The working hypothesis is that it would indeed be defensible to have an inter-polar migration or even a depolarized action by access and content providers in Individual Civil Liability Actions within the Internet Civil Framework.
