Brazilian Internet Civil Rights Framework Law

Norm
Norm title	Brazilian Internet Civil Rights Framework Law
Alternative name	Marco Civil da Internet
Type of norm	Law
Issuing body	Parliament of Brazil
Geographic scope	National
Country	Brazil
Status	Active
Official text	https://www.planalto.gov.br/ccivil_03/_ato2011-2014/2014/lei/l12965.htm
Language	Brazilian Portuguese

In 2014, the Brazilian Internet Civil Rights Framework Law (Marco Civil da Internet in Brazilian Portuguese) was sanctioned in Brazil (Law 12.965/2014). The law establishes principles, guarantees, rights and duties for the use of the Internet in Brazil.

The law has principles about freedom of expression, privacy, data protection, network neutrality, and accountability of agents according to their activities.

History of the Civil Landmark

The history of the Marco Civil is intertwined with many other important documents in the area. In this case, the Principles for Internet Governance and Use in Brazil, created by Internet Steering Committee in Brazil (CGI.br) in 2009, were used as the basis for the law.

Also in 2009, the Secretariat of Legislative Affairs of the Ministry of Justice (SAL/MJ) with the Rio de Janeiro Law School of the Getulio Vargas Foundation (FGV Direito Rio), started a new project to develop a Internet Civil Rights Framework Law in Brazil.

In 2010, was publicated the first version of the law project. The law project was presented for the society and, also in 2010, was a public debates with the society.

In 2011, the law project was presented for the Deputies Camera in Brazil, and the Camera installed a especial commission which aimed to analised the law project. Incuse, the Camera was created a virtual debate and the contributions was used for the deputies involved with the tema.

Already in the year 2012, the CGI.br declared support about the last version of the law project.

The following year, in 2013, the Tim Berners-Lee declared support too about the law project and encouraged the brazilian demanding the start of voting on the bill. In the same year, after “the allegations of spying on the communications of Brazilian citizens by the United States National Security Agency (NSA). The Minister of Institutional Relations, Ideli Salvatti, reported that President Dilma Rousseff took the necessary measures, contacting the Ministry of Foreign Affairs and the Federal Police, and said that a prompt response from the National Congress is also expected”.

In September 2013, the bill began its processing in the National Congress, under an urgent regime. Thus, the Chamber had 45 days to vote and the Senate had the same number of days to conclude the vote.

In 2014, the then president of Brazil, Dilma Rousseff, sanctioned the Marco Civil da Internet law during NETMundial.

The application of the law in the courts of Brazil

Currently, the Brazilian Internet Framework Law is referenced in Brazil and has broad application in Brazilian courts. For example, the Superior Court of Justice has a vote on the use and custody of IPv4 logical ports with CGNAT by internet providers. In the vote, Justice Nancy Andrighi mentioned that

By comparing the various provisions of the Brazilian Internet Framework mentioned above, especially art. 10, caput and § 1, it is clear that the existence of the duty to guard and provide information related to the logical port of origin is undeniable. Only with the logical port of origin is it possible to reestablish the univocity of IP numbers on the internet and, therefore, it is essential data for the correct functioning of the network and its agents operating on it. Therefore, its custody is fundamental for the preservation of possible legitimate interests to be protected in legal proceedings or in criminal investigations.

In several other courts in the country, the Law has been a reference for resolving disputes between Internet users and Internet providers.