Esther Nunes and Paulo Bonomo
The Brazilian Law on the Rights of Internet Users – Law No. 12,965, of April 23, 2014 (“Law No. 12,965/2014”)
After a time-consuming legislative process that lead to several discussions and postponements in recent years, Law No. 12,965/2014, known as the Brazilian “Marco Civil da Internet”, was published on April 24, 2014. The law will take in effect within sixty (60) days from such date.
The objective of the Marco Civil da Internet is to establish the principles, guarantees, rights and obligations for the use of the Internet. In order to assure its enforceability, Law No. 12,965/2014 establishes several concrete requirements that will have to be observed by different Internet players.
Fundamental Rights of Internet Users
The Marco Civil da Internet creates a very extensive list of fundamental rights of Internet users. The law specifically identifies these rights whereas previously they were found to derive from the Brazil Federal Constitution concerning the fundamental right to privacy, as well as the Civil and Consumer Protection Codes.