DIGITAL LAW AND SOCIAL NETWORKS: CIVIL LIABILITY FOR DAMAGES AND LIMITS OF THE BRAZILIAN INTERNET CIVIL FRAMEWORK

Abstract

This article analyzes civil liability arising from the use of social networks, focusing on the boundaries established by the Brazilian Internet Civil Framework (Law nº. 12,965/2014). The research examined cases involving moral damages, defamation, and privacy violations, analyzing the criteria for assigning liability to both application providers and users, while identifying patterns and gaps in the legislation's application. The results demonstrate that although the Internet Civil Framework represents significant progress in regulating the digital environment, notable challenges persist. Among these are: The difficulty in enforcing effective sanctions against illegal content; procedural delays due to the requirement of a court order for content removal (Article 19); and the lack of clear parameters to define users' duty of care. Furthermore, there is an ongoing tension between freedom of expression and the protection of fundamental rights, such as honor and privacy. Therefore that overcoming these limitations requires: Legislative revisions to better specify the duties of providers and users; more efficient mechanisms for removing harmful content; and educational campaigns to promote responsible use of social networks. Effective protection of rights in the digital age thus demands a dynamic balance between regulation, self-regulation, and societal awareness.