Responsabilidade civil da exclusão de perfil falsos nas redes sociais: uma análise do embate de proporcionalidade envolvendo o artigo 19 do marco civil da internet sob a ótica da liberdade de expressão e protecionismo consumerista

Abstract

Since the beginning of the industrial era, the world has been changing the forms of relationships, introducing the presence of devices into daily life, which used to be manual, and are now digital, allowing the existence of a new reality, cyberspace. Given this, new legislation has emerged to try to transform the Internet into a safe space, and not just a lawless land, as is the case with the Marco Civil da Internet, which has been widely discussed in recent years. Having said that, this work aims to elucidate the problem involving the Marco Civil da Internet and its article 19, seeking to ascertain the nuances of this legal institute in order to bring a historical panorama about the creation of the Internet, cyberspace, this norm and its relationship with the principle of Freedom of Expression, advocating negative liability for social media providers in the face of the exclusion of false profiles and the possible existence of censorship and a direct conflict with consumer rights, today a topic of repercussion general. Finally, trying to study, briefly, how the principle of proportionality could also help in the solution faced by the issue.