Abstract:
The present paper aims to answer the following question: Who is responsible for the damages caused on the Internet? The one who posts the content that offends another, or the provider who through the development of his activity, provided in an abstract way the means for the offense to take place? The article will address the controversies between freedom of expression on the Internet, where it is guaranteed as a fundamental right in Article 5, items IV, IX and XIV of the Federal Constitution. It will also deal with the civil liability of internet service providers for liability and illegal content published by third parties, showing that it is the duty of Internet providers to inspect and remove content that offends the image of others.