Overview
- Released 132 days after the June judgment, the opinion formalizes the Court’s view that Article 19 is partly unconstitutional and that platforms may face civil liability without a prior court order in defined scenarios.
- The justices extended Article 21’s notice‑and‑takedown approach to illicit content broadly, kept Article 19 for crimes against honor, and imposed a duty of care for posts deemed “grave crimes.”
- Grave categories flagged for proactive action include incitement to discrimination, terrorism, child sexual abuse material, human trafficking, violence against women, and anti‑democratic acts.
- The decision introduces the concept of “systemic failure,” creates liability for paid promotion of illegal content or use of bot networks, and states that improper removals can be reversed without damages if courts order restoration.
- Platforms face fines and damages enforceable against their Brazilian representatives, must maintain local representation and publish annual transparency reports, the thesis binds all courts for future cases, and outlets recorded the vote as either 8–2 or 8–3.