REGULATION OF DIGITAL SERVICE PROVIDERS IN BRAZIL: ANALYSIS OF THE LEGAL FRAMEWORK AND CHALLENGES FOR GOVERNANCE AND INNOVATION

Abstract

This article aims to provide a brief introduction to digital law in Brazil, focusing on the Brazilian Civil Rights Framework for the Internet (MCI) and the General Personal Data Protection Law (LGPD), highlighting the MCI as Brazil’s “Internet Constitution” for establishing fundamental principles such as freedom of expression and net neutrality. The analysis focuses on the civil liability of service providers, distinguishing between connection providers and application providers; originally, Article 19 of the Civil Framework provided that liability for third-party content would only arise following non-compliance with a court order. However, the need to combat crimes and misinformation highlights a regulatory vacuum in the country, since the National Data Protection Authority (ANPD) is limited to personal data and the Brazilian Internet Steering Committee (CGI.br) lacks enforcement powers, shifting the debate to the National Congress, where Bill 2630/2020 (the Fake News Bill) seeks to establish clearer and more democratic duties of care for platforms.