The Far-Reaching Implications of Brazil’s Supreme Court Decision for Platform Governance

Abstract

In October 2025, Brazil’s Federal Supreme Court declared Article 19 of the Marco Civil da Internet partially unconstitutional, fundamentally restructuring the country’s intermediary liability regime. For nearly a decade, platforms could only be held liable for third-party content upon failing to comply with a specific judicial removal order, subject to limited statutory exceptions. Concluding that this model no longer afforded adequate protection to fundamental rights and democratic institutions, the Court replaced it with four distinct liability regimes while introducing a duty of care alongside new transparency and due-process obligations. This commentary examines the ruling and situates it within Brazil’s institutional and political context, arguing that this decision reaches far beyond the allocation of liability in individual cases to influence broader governance arrangements applicable to digital platforms. Although adopted through constitutional adjudication rather than changes in legislation, the decision responded to pressing structural concerns and shifted Brazilian platform regulation toward a preventive, risk-oriented model that has helped to shape a hybrid framework combining judicial standards with regulatory supervision.