Marco Civil Da Internet
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Brazilian Civil Rights Framework for the Internet (in
Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...
: Marco Civil da Internet, officially (Federal) Law No 12.965/2014) is the law that governs the use of the
Internet in Brazil Internet in Brazil was launched in 1988, becoming commercially available in May 1995. As of 2023, Brazil ranked fifth in the world with 181.8 million internet users. The country had an internet penetration rate of 86.6% as of January 2024. In July 2 ...
and sets out guidelines for state action and rights and duties for users and operators. The bill was approved by the Brazilian Congress
Câmara dos Deputados The Chamber of Deputies () is a federal legislative body and the lower house of the National Congress of Brazil. The chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms. The current presiden ...
on March 25, 2014 and was submitted to the
Senado Federal The Federal Senate () is the upper house of the National Congress of Brazil. When created under the Imperial Constitution in 1824, it was based on the House of Lords of the British Parliament, but since the Proclamation of the Republic in ...
. The Marco Civil was approved by the
Brazilian Senate The Federal Senate () is the upper house of the National Congress of Brazil. When created under the Imperial Constitution in 1824, it was based on the House of Lords of the British Parliament, but since the Proclamation of the Republic in ...
on April 22, 2014 and
signed into law A bill is a proposal for a new law, or a proposal to substantially alter an existing law. A bill does not become law until it has been passed by the legislature and, in most cases, approved by the executive. Bills are introduced in the leg ...
by president
Dilma Rousseff Dilma Vana Rousseff (; born 14 December 1947) is a Brazilian economist and politician who served as the 36th president of Brazil from 2011 until her impeachment and removal from office on 31 August 2016. She is the only woman to have held the ...
on April 23, 2014, at the Global Multistakeholder Meeting on the Future of Internet Governance.


History

The project was created in partnership between the
Ministry of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
and the Center for Technology and Society of the Law School at the Fundação Getúlio Vargas, at the time directed by professor
Ronaldo Lemos Ronaldo Lemos (Araguari, born March 25, 1976) is a Brazilian academic, lawyer and commentator on intellectual property, technology, and culture. Lemos is the director of the Institute for Technology & Society of Rio de Janeiro (ITSrio.org), and ...
. Both institutions launched on October 29, 2009 the first draft phase of a collaborative process to build the draft for the Marco Civil. The Marco Civil is aimed at protecting privacy rights,
net neutrality Net neutrality, sometimes referred to as network neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering User (computing), users and online content providers consistent tra ...
, safe-harbors for internet service providers and online service providers, open government, and setting forth that access to the internet is a requisite to the exercise for civic rights. The first round of the draft took place between October 29 and December 17, 2009. More than 800 substantive contributions were received, including comments, e-mails, alternative drafts and references. The conception of the Marco Civil was originally created by professor
Ronaldo Lemos Ronaldo Lemos (Araguari, born March 25, 1976) is a Brazilian academic, lawyer and commentator on intellectual property, technology, and culture. Lemos is the director of the Institute for Technology & Society of Rio de Janeiro (ITSrio.org), and ...
, in an article published on May 22, 2007. Following the first round of discussions, the draft was published for public comments, throughout a collaborative process. The debates of the second phase took place between April 8 and May 30, 2010. On August 24, 2011, the draft bill was not only approved by the Executive Government in Brazil through the Brazilian Presidency, but also sent to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
by President
Dilma Rousseff Dilma Vana Rousseff (; born 14 December 1947) is a Brazilian economist and politician who served as the 36th president of Brazil from 2011 until her impeachment and removal from office on 31 August 2016. She is the only woman to have held the ...
, with the support of four Ministries (Justice, Science & Technology,
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, and
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). In Congress, the draft bill was received and processed under docket number 2126/2011. The Marco Civil was described by the then Ministry of Justice,
Luiz Paulo Barreto Luiz is a Portuguese name and an alternative form of Luís. It is archaic in Portugal and common in Brazil. Notable examples include: *Luiz Bonfá (1922-2001), Brazilian guitarist and composer * Luiz Alfredo Garcia-Roza (1936-2020), Brazilian pro ...
as "The Constitution of the Internet" in Brazil. The project was scheduled to be voted several times in November 2012. An English/Portuguese translation, with changes marked in the Portuguese, was published circa November 18, 2013. As a reaction to the allegations of NSA monitoring Brazil's telecoms networks, passing the Marco Civil (which is often called "The Internet Constitution" in Brazil) has become a priority reaction for the Brazilian Government, as affirmed by President Dilma Rousseff during her speech to the 68th Session of the United Nations General Assembly, on September 24, 2013. An unofficial translation into English was made available by Paulo Rená in March 2014.


Controversy

In 2012 the National Association of Federal Police Chiefs issued a press release arguing the law was unconstitutional.


English Version of the approved Marco Civil

The approved law was translated into English by
Carolina Rossini Carolina Rossini is a Brazilian-American attorney who focuses on intellectual property, open standard, and data privacy. She is notable for her work in intellectual property law in her native Brazil. In 2016, she was selected as a Young Global L ...
and distributed to all participants of the Global Multistakeholder Meeting on the Future of Internet Governance. This final version of April 2014 is available a
publicknowledge.org
The
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourb ...
has also made an English translatio
available


References

* * *


External links

* * . * * * * * {{cite web , url=http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2018/Lei/L13709.htm , title=Lei 13709 (14/Agosto/2018) Dispõe sobre a proteção de dados pessoais e altera a Lei nº 12.965, de 23 de abril de 2014 (Marco Civil da Internet) / Law 13709 (August 14, 2018) Provides for the protection of personal data and amends Law no. 12.965, of April 23, 2014 (Brazilian Civil Rights Framework for the Internet) (portuguese) , work=
Federal government of Brazil The Federal Government of Brazil (''Governo Federal'') is the national government of the Federative Republic of Brazil, a republic in South America divided into States of Brazil, 26 states and a federal district. The Brazilian federal government i ...
, year=2018 Internet in Brazil Net neutrality Digital rights