The Third Panel of the Superior Court of Justice (STJ) decided in favor of the TJSP (Court of Justice of São Paulo) determining a fine of R $ 310 thousand against Microsoft for non-compliance with a court order that required technology company to provide information from the email of a user who allegedly had sent threats to a person and a company.
The STJ's decision was based on the Article 11 do Internet Civil Landmarks, which states that national law will apply when any collection, storage and processing of personal data or communications by Brazil, even if only one of the devices is in the country.
When it appealed to the STJ, Microsoft had argued that the Brazilian courts would be incompetent to analyze the case, given that the email address was accessed abroad and the connection provider was also outside the country.
Minister Nancy Andrighi, rapporteur on the appeal, considered it a mistake to imagine that applications located outside Brazil cannot be reached by the Brazilian courts and that the country's laws are not applied.
Andrighi also recalled a precedent of the Fourth Panel of the STJ, which states that any illegal activity practiced on the internet is a matter for national jurisdiction, provided that it has been activated to resolve the conflict if the author is domiciled in Brazil and the country has been the location of access to information.
“It is evident that, if there is an offense against Brazilian law in an application hosted abroad (for example, an offense transmitted against a resident of Brazil on a social network), it may occur the judicial determination that such content be removed from the internet and that the data of the offender are presented to the victim. If this were not the case, it would be enough for anyone to store harmful information in distant countries in order not to be held responsible for their harmful acts ”, said the rapporteur of the process.
Nancy Andrighi also claimed that if the threat messages were received and read in the national territory it is already a sufficient reason to call the attention of the Justiça. The rapporteur also said that the claim that obtaining the data from the author of the messages would depend on providers located outside the country is not capable of altering the judgment, as the identification procedure needs information from both the application providers and an access provider. , as a telephony.
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