CIVIL LIABILITY SYSTEMS OF INTERNET APPLICATION PROVIDERS BY THIRD PARTY ACT: BRAZIL, THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA

Abstract

This paper analyzes the confluence between the Civil Liability Systems of Internet application providers by third parties in Brazil, the European Union and the United States of America. The study analyzes in comparative perspective the Civil Internet Framework, the European Directive and the Decency Millenium Copyright Act. The methodology is based on the analytical technique, in which the formalistic aspects of the systematization of legal rules and norms are evaluated, focusing on the juridical order and their internal relations, added to the interpretive hermeneutic approach. It was concluded that the law did not comply with the strict liability rule and, on the other hand, the providers base their defense on the application of subsidiary responsibility in the exercise of freedom of expression. In addition, they also claim that they can not and should not do surveillance and check all the movements of its users, which in addition to being impossible, could be regarded as a censorship.

Keywords

• lei 12.965/2014
• marco civil da internet
• provedores de aplicação
• responsabilidade civil
• sociedade da informação