The plenary of the Federal Supreme Court (STF) will resume on Wednesday (25) the judgment on the responsibility of the Big Techs about criminal content of third parties. Even with a majority formed, to make the Article 19 of the Unconstitutional Internet Civil Markministers will also discuss and form a thesis on how and on what occasions internet providers should be held responsible.
The discussion returns with the minister’s vote Edson Fachinwhich has already stated that it should present a “equidistant” proposal in relation to the votes already presented. The trial has general repercussion.
So far, Ministers Alexandre de Moraes, Gilmar Mendes, Cristiano Zanin, Flávio Dino, and the rapporteurs, Dias Toffoli and Luiz Fux voted for the liability of the platforms. André Mendonça was the only one who diverged and defends the thesis of “Regulated Self -Regulation”. The votes of Cármen Lúcia, Edson Fachin and Nunes Marques are still missing.
Although the court has formed a majority to consider unconstitutional, there is still no thesis in consensus among the ministers. Because they have diverse positions on how to blame and what are the limits for liability of the platforms, the president of the STF, Luís Roberto Barroso, established the methodology of gathering the votes, tabular convergences and discussing the differences.
How it showed the CNNBarroso marked a meeting with other ministers to discuss a possible consensus in the thesis about. On Wednesday, the president will continue to reap the votes of the ministers.
After that, Barroso should argue with other ministers at a lunch on Thursday (26), at the STF’s own premises. At the meeting, ministers must score the convergences and disagreements to reach the consensus points.
Specific cases
Ministers analyze a reported appeal. In this case, Facebook questions a decision of the São Paulo Court of Justice (TJ-SP) that determined the exclusion of a false profile on the social network.
In another appeal, reported by the minister Luiz FuxGoogle tries to reverse a decision, determined by the Minas Gerais Court of Justice (TJ-MG), to pay moral damages for not excluding an Orkut community created by students to offend a teacher.
