The European model of digital platform regulation
DSA and AI Act as a reference framework for Brazil
DOI:
https://doi.org/10.70622/2236-8957.2026.697Keywords:
digital platforms, Digital Services Act, AI Act, artificial intelligence, Marco Civil da Internet, intermediary liability, content moderationAbstract
This article analyzes the European model of digital platform regulation, embodied in Regulation (EU) 2022/2065 (Digital Services Act) and Regulation (EU) 2024/1689 (AI Act), as a reference framework for the Brazilian legal system following the Supreme Federal Court decision that declared the partial unconstitutionality of Article 19 of the Marco Civil da Internet on June 26, 2025. The research examines the evolution of digital intermediary liability in European law, from the E-Commerce Directive of 2000 to the current tiered due diligence system of the DSA, as well as the algorithmic transparency obligations imposed by the AI Act. The study identifies elements of the European model potentially applicable to the Brazilian context, considering constitutional specificities and the categories of unlawful content established by the STF. It concludes that the European experience offers relevant insights for future Brazilian legislation, particularly regarding systemic risk management, content moderation, and artificial intelligence transparency.
References
BRAZIL. Law nº 12.965, of April 23, 2014. Establishes principles, guarantees, rights and duties for the use of the Internet in Brazil. Brasília, DF: Presidency of the Republic, 2014. Available at: https://www.planalto.gov.br/ccivil_03/_ato2011-2014/2014/lei/l12965.htm. Access: Jan. 25, 2026.
BRAZIL. Supreme Federal Court. Extraordinary Appeal 1.037.396/SP. Reporting Justice: Min. Dias Toffoli, June 26, 2025. Brasília, DF: STF, 2025.
BRAZIL. Supreme Federal Court. Extraordinary Appeal 1.057.258/MG. Reporting Justice: Min. Luiz Fux, June 26, 2025. Brasília, DF: STF, 2025.
BUITEN, Miriam C. The Digital Services Act: from intermediary liability to platform regulation. JIPITEC - Journal of Intellectual Property, Information Technology and Electronic Commerce Law, [s.l.], v. 12, n. 5, p. 361-380, 2021.
COURT OF JUSTICE OF THE EUROPEAN UNION. Judgment of March 23, 2010. Joined Cases C-236/08 to C-238/08 (Google France). ECLI:EU:C: 2010:159.
COURT OF JUSTICE OF THE EUROPEAN UNION. Judgment of July 12, 2011. Case C-324/09 (L'Oréal v. eBay). ECLI:EU:C: 2011:474.
COURT OF JUSTICE OF THE EUROPEAN UNION. Judgment of May 13, 2014. Case C-131/12 (Google Spain). ECLI:EU:C: 2014:317.
EUROPEAN UNION. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. Official Journal of the European Communities, L 178, p. 1-16, July 17, 2000.
EUROPEAN UNION. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act). Official Journal of the European Union, L 277, p. 1-102, October 27, 2022.
EUROPEAN UNION. Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). Official Journal of the European Union, L, July 12, 2024.
KELLER, Daphne. The right tools: Europe's Intermediary Liability Laws and the EU 2016 General Data Protection Regulation. Berkeley Technology Law Journal, [s.l.], v. 33, n. 1, p. 287-364, 2018.
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