STF AND THE MARCO CIVIL DA INTERNET - REFLECTIONS ON FREEDOM OF EXPRESSION IN THE DIGITAL ENVIRONMENT

Gustavo Borges' article analyzes the STF's judgment of extraordinary appeal 1.037.396, which addresses the constitutionality of Article 19 of the Marco Civil da Internet. The text highlights how Justice Luís Roberto Barroso's vote proposes a model of responsibility that seeks to balance freedom of expression with the fight against illegal content, considering the need to safeguard fundamental rights in the digital environment.

Borges points out that Barroso's vote introduces significant advances, such as recognizing that, in certain cases, it is possible to hold platforms liable without a prior court decision, especially in the face of seriously illegal content. This approach aims to tackle disinformation and hate speech challenges while preserving a democratic and secure digital ecosystem.

The analysis highlights the importance of this decision for technological regulation and the impact on future public policies. Borges also presents recommendations for improving the debate, reinforcing the need for dialog between the judiciary, experts, and civil society. To read the full article, click here.