Brazil’s Civil Rights Framework for the Internet: rights, responsibilities and Brazil's digital future

Federal Law No. 12,965, dated April 3, 2014, better known as the “Civil Rights Framework for the Internet” (MCI), constitutes the primary Brazilian statute governing the use of the internet within the country. Dubbed the "Internet Constitution," it establishes principles, guarantees, rights, and obligations for users, service providers, and the State, with a focus on safeguarding freedom of expression, privacy, and net neutrality.

The MCI represented a milestone not only due to its content but also because of its innovative and highly participatory drafting process. Unlike the traditional legislative process, which follows a more restricted procedure, the Marco Civil was born from a broad public debate, involving experts, technology companies, academics, civil society organizations, and citizens.

Between 2009 and 2011, the draft text was collaboratively developed through public consultations conducted online, with the creation of a digital platform that enabled any individual to provide input on the topics under discussion.

Prior to the MCI, there was no comprehensive legislation governing the internet in Brazil. Provisions concerning the rights and obligations of users and service providers were interpreted on a case-by-case basis by the Judiciary, leading to legal uncertainty and conflicting rulings.