The president of Supreme Federal Court (STF), LUÍS ROBERTO BARROSOsaid on Wednesday (28) that the Court waited for years a regulation of the National Congress About digital platforms, but, in the face of lack of advancement, it needs to judge the cases that reach the court.
According to the minister, the Supreme Court is not legislating when deciding on the issue, but only establishing criteria to judge the cases that arise until Congress approves a regulation.
Barroso also stated that when Congress elaborates a norm, it will prevail over the court’s understanding.
“The Supreme has waited for many years the approval of legislation by Congress. The law did not come, but we have cases to judge. We have two pending cases of judgment. Therefore, it is not about the supreme legislate or invade the legislative sphere. We just have to decide the cases that arrive here,” he said.
The statement was made during the release of the book Rights of Digital Platforms, which has a preface written by Barroso.
Last Monday (26), Minister André Mendonça, from the Supreme Federal Court (STF) ,. He had requested a view of the process – a request for more time for analysis – in December 2024.
The theme now needs to be included in the trial agenda, with the date to be defined by the president of the Supreme Court, Luís Roberto Barroso.
The central focus of the debate is the article of Marco Civil da Internet, which provides for the liability of platforms only if they breach court order to remove content published by third parties.
Two ministers – Dias Toffoli and Luiz Fux – have already voted in favor of expanding the hypotheses of liability of the platforms, while Minister Luís Roberto Barroso presented a more moderate vote.
Book
The book, whose preface was written by Barroso, discusses the need to establish objective criteria for content moderation and liability of platforms, based on documents of international law.
According to Doctor of Law Gustavo Borges, coordinator of the work, it is up to the Supreme to define the criteria for liability of platforms in case of publications related to issues provided for in international treaties, such as terrorism, pedophilia and rights of children and adolescents.
“The rest needs a debate of the Legislature. Disinformation, for example, does not yet have a consensus on its concept and is not in international treaties and, therefore, this would be a theme of appreciation of the National Congress,” the expert told CNN.
The vision agree to Barroso’s vote in the action that discusses the Internet Civil Marco. In December last year, the minister argued that digital platforms must be held responsible for third party content when not removing posts in which crime is identified.
According to him, Article 19 of the Internet Civil Mark does not adequately protect fundamental rights and allow inertia in the face of obvious criminal violations.
