Banca de QUALIFICAÇÃO: LEONARDO LIMA MOTA NETO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LEONARDO LIMA MOTA NETO
DATE: 09/06/2022
TIME: 10:00
LOCAL: PLATAFORMA VIRTUAL
TITLE:

CIVIL LIABILITY OF INTERNET PROVIDERS BEFORE THE THREAT OF INJURY TO FUNDAMENTAL RIGHTS

KEY WORDS:

Civil Liability. Internet providers. Fundamental rights. Weighting. Dialogue of sources

PAGES: 111
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Within the context of technological innovations, problems arise that the Law needs to face and often without specific laws that regulate these issues, assuming jurisprudence, as well as the interpretation and application of other codifications of a more general and principled character, an important role in these situations. . This was the case of the civil liability of internet providers, a search for specific legislation that dealt with this and other points resulted in the Marco Civil da Internet and in the controversial article 19 of this law, which is also the subject of analysis regarding its constitutionality with to the Federal Supreme Court. By bringing more obstacles in the accountability of providers, which are large companies that profit precisely from the data and information made available by users, such as the need for non-compliance with judicial notification and the requirement to indicate links so that this responsibility falls, in favor of protection of freedom of expression, this provision of the norm ends up making the offended parties more vulnerable, allowing that, with the length of judicial proceedings and too many requirements imposed on those who do not have the financial and technical capacity, the damages are potentiated in a medium that essentially propagates content massively and instantly. This positioning of the law slips into judicial decisions, changing the paradigm and consequently bringing risks and threat of injury to other fundamental rights that equally and by constitutional force must also be protected. In view of this scenario, it is necessary to seek solutions again so that, based on techniques such as the weighting of principles and the increasingly indispensable dialogue of sources, such as the Consumer Defense Code and the General Data Protection Law, having as the basis and major point of intersection of these norms, the Federal Constitution itself, it is possible to advance in a balance that guarantees cohesion of the legal system, respect for constitutional principles and protection of threatened fundamental rights. 

BANKING MEMBERS:
Interno - 3289832 - JOSE BARROS CORREIA JUNIOR
Interna - 2280141 - JULIANA DE OLIVEIRA JOTA DANTAS
Presidente - 3497763 - MARCOS AUGUSTO DE ALBUQUERQUE EHRHARDT JUNIOR