The STF’s understanding of Themes 533 and 987

an analysis of constitutional jurisdiction and digital platfom liability

Abstract

This article aims to analyze the understanding of the Brazilian Supreme Federal Court (STF) regarding Themes 533 and 987, under the general repercussion regime, which address the constitutionality and adequacy of the civil liability model for internet application providers set forth in Article 19 of Law 12,965/14 (Marco Civil da Internet). Drawing on a theoretical framework that articulates freedom of expression, democracy, and constitutional adjudication theory, the article investigates how the STF, after eleven years of the Marco Civil's existence, recognized a situation of partial omission in the normative regime and established interpretive standards that introduce duties of care for platforms in specific circumstances. The methodology adopted is qualitative, involving documentary analysis of the votes rendered in the ruling and a bibliographic review of the main theories relevant to the topic. The results indicate that the STF adopts a systemic understanding of fundamental rights, rejecting absolutist conceptions of freedom of expression and recognizing the structural position of platforms within the contemporary communicational structure. The conclusions point to the dialogic nature of contemporary constitutionalism and the need for specific complementary legislative intervention for the digital environment.