O marco civil da internet: proteção à privacidade e intimidade dos usuários

Abstract

For a long time, the Internet was considered an area without legislation that addressed all of its specifics. Therefore, the virtual world did without any specific legal regulation, remaining in a legislative vacancy. The law n. 12.965/14, called the Civil Internet Framework, came to fill this gap, since it regulates virtual relationships, creates rights and obligations for users and service providers. The protection of the person, which is considered the legislative center, was also addressed in this law. Thereby, the rights of personality, which are the basic rights of the person and it can be found everywhere, is being protect in this law. It is essential to understand how these rights are disposed and how it’s protected in that specific legislation. This work sought to analyze the principles, objectives and foundations of Law 12.965/2014 and, with the purpose to better understand, it’s discussed how this law was elaborated, what the factual circumstances surrounding the elaboration of this law. It also discusses the protection of the right to privacy in cases of disclosure of irregular data on the internet, freedom of expression and the right to image, showing the boundary between the two, and also how to hold providers that offers connection accountable based on The Civil Internet Framework. To formulate this analysis, it was used a scientific research in books, articles, jurisprudence and legislation, and it is aimed to understand how the protection of personality rights were written in Law 12.965/14, especially how it is applied in the factual world.