A responsabilidade civil das plataformas digitais no combate ao discurso de ódio: uma análise da constitucionalidade do Art. 19 do Marco Civil após o entendimento do STF (2025-2026)

Abstract

This research analyzes how the expansion of the internet and hyperconnectivity have profoundly transformed social communication, highlighting the urgent need to debate the actual limits of freedom of expression within social media environments. The primary objective is to re-evaluate the scope of this right when it is instrumentalized to propagate hate speech, thereby directly violating human dignity and the rights of minorities. To understand this issue, the study examines the foundations of the 1988 Brazilian Federal Constitution, which guarantees the freedom to manifest thought and prohibits prior censorship, while simultaneously establishing the inviolability of honor, image, and human dignity. It is essential to differentiate legitimate opinion from hate speech, as legal doctrine maintains that attacks motivated by prejudice do not find constitutional protection. In Brazil, the primary regulatory framework for the network is the Civil Framework of the Internet (Law 12,965/2014). For years, the original mechanism of Article 19 determined that digital platforms could only be held civilly liable for third-party content if they non-complied with a specific judicial order for removal. However, this model faced severe judicial questioning, under the argument that it facilitated the perpetuation of harmful publications and irreparable damages. The central focus of this research is the substantial jurisprudential shift that occurred in June 2025, when the Brazilian Supreme Federal Court (STF) redefined the interpretation of the aforementioned provision. By reviewing the ministers’ votes, it is observed that the Supreme Court established a new normative landscape, imposing a more rigorous duty of care on social media providers and a proactive role in the systemic fight against hate speech. In conclusion, the research synthesizes that the interpretation of the legal framework needed to evolve to align with digital reality, establishing new parameters that preserve the internet as a democratic space while ensuring a secure environment where fundamental rights are respected.