CIVIL LIABILITY OF INTERNET PROVIDERS: A STUDY FROM THE PERSPECTIVE OF CIVIL LIABILITY OF BACKBONE, ACCESS AND CONTENT PROVIDERS

Abstract

The theme of this work deals with the civil liability of Internet providers, specifically, backbone, access, hosting, e-mail and content providers. The Internet is currently the main means of communication, used for exchanging information, entertainment, business, buying and selling products and services.  In this context, unlawful acts arising from actions and omissions in the large computer network must be processed and analyzed by the legal framework aiming at maximum resolution in the conduct and interpersonal and social relationships. Through the research developed, we intend to verify the civil liability of Internet providers for their own acts, their users and third parties, who, using the providers' connection services, may cause damage to others. With the joint assessment of the doctrine and jurisprudence, as well as the legal documents contained in the Civil Code, Consumer Defense Code and Civil Framework for the Internet, we conclude that the civil responsibilities of Internet providers for their own acts arise from the type and nature of their activities performed, as well as correlating the contractual clauses established in the consumer relationship between the provider and its end users. Regarding damages caused by its users or third parties, the Marco Civil da Internet regulates the regulation, being the content and hosting provider responsible only in cases of omission through a specific court order that determines the unavailability of the content identified as infringing, highlighting that the The withdrawal must take place within the specified period and within the technical limits of the service provided.