STF sets judgment against decision that increased the responsibility of big techs on 10/6
The president of the Federal Supreme Court (STF), Edson Fachin, scheduled the judgment of nine appeals against a decision that increased the responsibility of digital platforms for illicit content published by users for June 10th.
Fachin scheduled for the same day the trial of an action by the Brazilian Association of Internet and Telecommunications Providers (Abrint) that requests the validation of the section of the Marco Civil da Internet that conditions access to connection registration data to a court decision.
In June 2025, the Court ruled that article 19 of the Marco Civil da Internet (MCI) is partially unconstitutional. This article prevents platforms from being held civilly liable for damages caused by user content, except when the company fails to comply with a court removal order.
With the decision, article 19 continues to apply only to crimes against honor (libel, slander and defamation). In these cases, the removal of the content depends on a court decision.
Fachin orders non-indigenous people to leave Cachoeira Seca, in Pará
The Union must present, within 90 days, a plan for the removal of non-indigenous people from the area, which must contain a schedule for the departure of invaders and to compensate bona fide occupants
For other illicit acts, the logic of article 21 now prevails: the content must be removed after notification to the user, without the need for a prior court order. This article already worked as an exception to article 19 in specific situations, such as copyright violations and unauthorized disclosure of nudity.
Among the authors of the resources are Google and Facebook. The two companies ask the Supreme Court to clarify when the decision comes into force, as the ruling is limited to saying that the effects apply to the future. “This leaves open fundamental questions about its applicability to past situations already discussed in ongoing processes”, claims Facebook.
The judgment of the appeals was released by the rapporteur, Dias Toffoli, on the same day that the government issued a decree to change the regulation of the Marco Civil da Internet (MCI), contemplating the Supreme Court’s decision. The sentence, however, has not yet become final – which caused criticism from big techs of the decrees, as shown BroadcastGrupo Estado’s real-time news system. The final judgment takes place after the resources have been exhausted.
