A efetividade do marco civil da internet na proteção de direitos da personalidade nas redes sociais

Abstract

This Undergraduate Thesis aims to analyze the effectiveness of the Brazilian Civil Rights Framework for the Internet (Law No. 12,965/2014) in protecting personality rights, honor, image, intimacy, and privacy, within the context of social media platforms. The study is based on the understanding that digital platforms such as Facebook, Instagram, X (formerly Twitter), and TikTok have become central spaces for communication and social interaction, while simultaneously intensifying violations of fundamental rights due to the immediacy, broad reach, and persistence of offensive content. In this context, the research examines whether the legal mechanisms established by the Civil Rights Framework for the Internet, particularly those related to the liability of application providers and the removal of unlawful content, have proven effective in ensuring timely and adequate protection of personality rights without undermining freedom of expression, which is also constitutionally guaranteed. The methodology adopted follows a deductive approach, with a qualitative perspective, employing doctrinal legal analysis, bibliographic research, and the examination of relevant case law from the Brazilian Superior Court of Justice, the Federal Supreme Court, and state courts. The study also assesses the interaction between the Civil Rights Framework for the Internet and the General Data Protection Law, considering data protection as a complementary mechanism for safeguarding human dignity in the digital environment. The research seeks to identify the limits of the effectiveness of the Civil Rights Framework for the Internet in protecting personality rights on social media and to propose interpretative alternatives and possible normative improvements to enhance legal protection in contemporary digital relations.