After three weeks of trial sessions at the Brazilian Supreme Court (STF) on the constitutionality of Article 19 of the Brazilian Civil Rights Framework for the Internet, the scenario is still uncertain, but it is already possible to analyze the signals and merits of the votes of Justices Dias Toffoli and Luiz Fux, rapporteurs of the actions being analyzed by the plenary. And this week's episode of Sem Precedentes will focus precisely on the course of the trial. To participate in the debate, JOTA's podcast on the Supreme Court and the Constitution will interview experts on the subject: Francisco Brito Cruz, executive director and co-founder of InternetLab, and Clara Iglesias Keller, research leader in Technology, Power and Domination at the Weizenbaum Institute at the Berlin Center for Social Sciences and professor at IDP. Both were interviewed on Sem Precedentes on November 22, which preceded the start of the trial, and in this episode, they stated that they did not see a satisfactory solution for this case. This assessment remains the same after the reading of the votes, the statements of the amici curiae and the request for review by the President of the Court, Justice Luís Roberto Barroso. According to Clara Keller, one of the impasses of this case is its complexity. She emphasizes that there are at least three different dimensions at stake: freedom of expression, governance of online content and the limits of the Supreme Court's jurisdiction — to what extent the Court should interfere, especially when the issue is being discussed by the Legislature. In addition, Francisco Brito Cruz adds the technical-academic challenge as another point of complexity. For him, there are inaccuracies in the statements of the justices and a lack of alignment with the international scenario. “It is shocking how naturally they talk about welcoming objective civil liability for third-party content into the Brazilian legal system,” he says. “Administrative liability is one thing, duty of care is another thing, and this should not be confused with objective civil liability for third-party content,” he adds. He also points out that it is not true that European law establishes active monitoring. “The digital services law in Europe, in fact, prohibits active monitoring,” he says. In addition, the new episode of Sem Precedentes brings an analysis of what to expect from Barroso’s vote and the limits of the Court’s actions. The vote is expected to be delivered next Wednesday (12/18). Hosted by JOTA’s Content Director, Sem Precedentes also features Juliana Cesario Alvim, professor at the Federal University of Minas Gerais and the Central European University, and Thomaz Pereira, a specialist in Constitutional Law. ---------------------------------------- Stay one step ahead with monitoring from those who know Brazilian institutions inside out and in practice. Get to know JOTA PRO. JOTA PRO Power: http://bit.ly/3KSCVO1 JOTA PRO Tributes: http://bit.ly/3mf7LWE JOTA PRO Health: http://bit.ly/3EPjy4l Follow JOTA on social media: X: https://x.com/JotaInfo Instagram: / jotaflash Threads: https://www.threads.net/@jotaflash LinkedIn: / jotainfo WhatsApp: https://whatsapp.com/channel/0029VaFv... Bluesky: https://bsky.app/profile/jotainfo.bsk... Facebook: / jotajustica Spotify: https://open.spotify.com/show/5KtG4O2...