NOTICE-AND-TAKEDOWN AND THE CIVIL LIABILITY OF PROVIDERS UNDER THE BRAZILIAN CIVIL RIGHTS FRAMEWORK FOR THE INTERNET

Abstract

Today, the internet mediates countless criminal conducts, in the civil and criminal spheres. Thus, the civil liability of internet service providers for third party content is the target of the main and current doctrinal clashes. Because of the Marco Civil da Internet, the main problem of civil liability of these service providers is the need for judicial notification about the illegal content as a condition of their liability. The present work will seek to understand this lack of responsibility for the removal of harmful content after notification and will consider what the other options of the legal system were or are. For this, we will understand the classifications of these providers and the civil liability of each type. The final considerations sought to conclude that the “notice-and-takedown” method has a potential effectiveness in order to protect the user, if provided due care regarding the problems listed. Bibliographic, legislative and jurisprudential research was adopted as a method of procedure and, as a method of approach, the theoretical-deductive.