A Supreme Court (STF) ruling on the liability regime for digital platforms could have structural impacts on the Brazilian Judiciary. This pioneering study by Reglab projects that if the Court adopts a strict liability model for third-party content, the number of lawsuits could surge by up to 160%, with a budgetary impact reaching R$ 777 million over five years.
Using synthetic control models and econometric projections, the report evaluates the potential revision of Article 19 of the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet). Beyond the effects on freedom of expression and digital dynamics, the study focuses on the Judiciary’s institutional capacity to handle a new wave of litigation. For the first time, the debate incorporates a neglected structural dimension: who pays the bill for a shift of this magnitude?
The study also warns of the risks regarding an explosion of abusive litigation and the overloading of small claims courts. Understanding these effects—which are still rarely discussed in judicial votes and technical opinions—is essential to ensuring that court decisions do not produce adverse side effects on the effectiveness of Justice and regulatory predictability.
It is time to ground the debate in evidence. More than a study on internet liability, this research is an invitation to discuss how landmark rulings should consider not only legal foundations but also the institutional costs imposed on the Justice system.