Monday, 16 November 2009

Brazil launches public consultation on internet matters

On October 29, the Brazilian Government and Fundação Getúlio Vargas (FGV) laid the foundation stone for the creation of a specific law to regulate internet legal matters.

Unusually, the Government has decided to launch a public consultation regarding internet's most problematic issues, such as the protection of individual and collective rights, the right to privacy, the freedom of speech, the liability of internet service providers and the use of legal remedies to restrain the violation of third party rights.

Local courts have been dealing with these problems in a very precarious way, since Brazil has till now had no specific law addressing internet issues, unlike some other countries.

Behind this initiative is the fact that the use of the current legal framework has only generated more legal uncertainty and unpredictability within society up to now, in particular to companies that operate through the internet. The authors of this project have recognized this problem and further state that the lack of a specific internet law ends to interfere in the development of Brazilian e-business and the exercise of fundamental rights.

This consultation will be available to the general public for the next 45 days and after that, a second phase begins for the Government and FGV, i.e., the drafting of a bill. As soon as the bill is concluded, a fresh public consultation will be launched.

Posted by Jeremy for Jorge Miguel Arruda da Veiga (Di Blasi, Parente, Vaz e Dias & Asociados)

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