In a note, Big Techs criticize Lula's decrees on the Marco Civil da Internet

In an open letter signed this Monday (25), the ALAI (Latin American Internet Association), the Brazilian Chamber of the Digital Economy and the Digital Council of Brazil, expressed their concern about the edition of the decrees signed by President Luiz Inácio Lula da Silva (PT) on the Civil Rights Framework for the Internet.

The statement was written after the STF (Supreme Federal Court) scheduled for this week the judgment of the appeals presented by technology companies against the Court's decision that increased the liability of big techs for illicit content published by users. The thesis was established last year, when the Supreme Court judged the constitutionality of the Marco Civil da Internet.

Some of the companies that appealed, such as Google and Meta, are part of ALAI, which also has Amazon, Mercado Livre, Tik Tok and others as members.

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According to the signatories, the changes judged by the Supreme Court did not go through the "usual route" of consideration in Congress before being decreed by the Executive. The complaints arose after the STF's interpretation of the constitutionality of Article 19 of the Marco Civil.

"The main concern, however, lies with the merit of the parameters that were adopted. The rules under debate touch on highly sensitive topics - including freedom of expression, economic activity, digital commerce and the responsibility of providers - and require in-depth reflection before becoming regulatory commands", they argue in the note.

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The judgment of the appeal took place after the invalidity of Article 19. Before the decision, companies were only allowed to be held legally responsible in the event of non-compliance with a court order to remove content. With the new interpretation, the responsibility of big tech for content published by users increases. For example, guidelines would have to be created to prevent the circulation of content related to serious crimes, to protect women in the digital environment and to prevent the dissemination of criminal content.

In addition, the text also defines the duty of care on the part of platforms for serious illegal content, such as undemocratic acts or sexual crimes and a permanent and accessible channel for users to report misconduct.

At the time of the decision, in June 2025, the former minister and then president of the Court, Luís Roberto Barroso, stated that the Supreme Cohort was not legislating on the subject and, consequently, trampling on the prerogative of the Legislative Branch. The STF text even asks Congress to create legislation on the subject.

"The National Congress is called upon to draft legislation capable of remedying the deficiencies of the current regime regarding the protection of fundamental rights."

Google and Facebook appealed the STF decision on network regulation; understand | BEHIND THE SCENES

Source: CNN