Soberania digital: os limites da responsabilidade dos provedores de internet na jurisprudência do Brasil e na União Europeia

Abstract

The present study discusses the extraterritorial nature of the digital world, the way how it is regulated, and what impacts it brings to the legal environment. It seeks to understand the limits of jurisdiction in disputes regarding orders for removal and blocking of content on the Internet and whether the liability of internet providers mitigates or reaffirms the classical values of sovereignty and jurisdiction. The discussion, therefore, is not about the recognition and competence of a given jurisdiction to solve possible conflicts arising from publications on digital networks, but whether this jurisdiction can be extended globally. Thus, without intending to exhaust the subject, this work aims, under a comparative perspective, a study of jurisprudence and doctrine on the issue, analyzing how the limits of liability of internet providers, regarding the need for content removal, influence the global nature of the internet, from the perspective of digital sovereignty and the limits of jurisdiction, undertaking, in the end, an analysis about the future challenges and the possibility of uniformization of norms and judicial decisions, considering the global aspects of cyberspace