Overview
- The Supreme Federal Court, which issued the final thesis on Wednesday, June 17, 2026, declared the decision transitado em julgado and closed the case to further appeals.
- The court held that platforms can be held civilly liable, on a solidary basis, for damages from third‑party posts in cases of crime or unlawful acts unless a provider can show reasonable doubt after a qualified diligence review.
- The ruling requires platforms to implement duty‑of‑care policies within 60 days, including authorregulation systems, accessible user and non‑user takedown channels, annual transparency reports and a domestic legal representative.
- The thesis creates a relative presumption of provider fault when illicit content involves paid ads, paid boosts or artificial inorganic spread and orders immediate removal for listed grave crimes such as antidemocratic acts, terrorism, child sexual exploitation and gender‑based violence.
- The rules apply prospectively to facts after the June 2025 merits ruling and may touch ongoing or continuous cases, and the decision is likely to change moderation practices, raise compliance costs for platforms and prompt legislative or executive follow‑up on enforcement.