THE LIABILITY OF INTERNET PROVIDERS IN LIGHT OF BRAZILIAN LEGISLATION AND JURISPRUDENCE

Abstract

This research aims to analyze whether the legislation currently in force in Brazil is capable of holding Internet providers civilly liable for illegal content that may be generated and disseminated by their users on the Internet. It is important to examine the effectiveness of laws to ensure security in cyberspace, verifying whether the available legal means are in fact effective in protecting personal data and the personality rights of individuals on the Internet, as well as providing a more responsible and secure access provision. The objective is to clarify whether the dissemination of publications by users who commit scams and crimes on the Internet can generate civil liability for providers and whether they have means to prevent such illicit acts. To this end, bibliographic-documentary research is used, including specialized doctrines and articles on the subject. Furthermore, through a qualitative and inductive approach, the Federal Constitution and Brazilian laws that regulate the digital environment, such as the Internet Civil Rights Framework and the General Data Protection Law, are used to define the scope of liability for the violation of personal rights in the virtual context. Based on the analysis of existing laws in Brazil and case law precedents, gaps, weaknesses and opportunities for improving the Brazilian legal system were identified to ensure greater security and respect for individual and collective rights, without causing losses to providers due to situations that are not within their scope of control.