A lei nº 12.965/2014, marco civil da internet, e a responsabilização civil dos provedores de aplicações de internet por danos morais decorrentes de atos de exposição sexual não autorizada de terceiros praticados por seus usuários

Abstract

The internet, since its beginning, shows up as an environment propitious to illicit conduct practices, among which the acts of sexual exposure unauthorized by third parties that affect the rights of personality, causing damage, especially, moral nature injury. Owing to the difficulty, or even impossibility, to identify the perpetrators of these acts, the victims litigated the internet service providers in order to hold them accountable civilly, for repairing damage arisen out of such conducts. Prior to Law n. 12,965/2014, the Internet Bill of Rights, the Judiciary resolved this issue controversially, sometimes blaming internet service providers, sometimes exempting them of liability, generating, thereby, a great legal uncertainty. With the advent of the Internet Bill of Rights, they were inserted in the Brazilian legislation, mechanisms that aim to put an end to such problems by regulating a limited system of liability of internet service providers in case of moral damage caused by acts of unauthorized sexual exposure. This paper, therefore, aims to analyze the devices brought by the Internet Bill of Rights, regarding to civil liability of application providers for damage caused by acts or contents of its members, focusing on acts of sexual exposure unauthorized third parties to, after, conduct a postcritical assessment, as from conjectures on the possible implications that this system of liability will result in the cyber environment.