The Brazilian Internet Bill of Rights (Marco Civil da Internet) was created in 2014 through Law 12.965, representing the... first step in the field of digital lawIn other words, how could people protect themselves from online threats?
In this case, there are three principles: freedom of expression, privacy, and net neutrality, allowing for the tracking of networks used for scams. Therefore, it proposes general mechanisms for interpreting cyber actions and responsibilities.
The General Data Protection Law is the result of improving the pillars of the previous initiative.In other words, it has become a more precise legal instrument by specifying how information should be stored, collected, processed, and shared.
Enacted in 2018, the LGPD, under Law 13.709, also aims to ensure the security of citizens who use the web in any situation; however, it classifies the types of information and includes physical materials.
Although similar, the two laws are not identical…
It is common to look at these two laws and interpret them as being practically identical, and to assume that the Brazilian Internet Bill of Rights could be replaced by the Brazilian General Data Protection Law.
This happens because They both have the same goal....to ensure that people have their rights guaranteed when using any server. The discussion of whether one replaces the other has various opinions among lawyers, considering that most still consider this statement mistaken.
According to Paulo Vidigal, a member of the Digital Law Commission of the OAB/SP (Brazilian Bar Association of São Paulo), and Luis Prado, a master's degree holder in digital law, until the General Data Protection Law becomes more comprehensive than the Marco Civil da Internet (Brazilian Internet Bill of Rights), only the equivalent articles should be repealed.
This has already happened, for example, Article 16 of the MCI, which deals with the consented provision of personal data, has been automatically replaced by Article 7 of the LGPD.which, in addition to consent, establishes 10 other legal forms of contract.
Another way for content from the MCI to become invalid is when some provision of the LGPD contradicts its measure. Article 12, which described the amount of the fine for non-compliance with MCI laws, became invalid after the publication of Article 52, item II of the LGPD.
Previously it was 10% of the last revenue, and now there is a limit for the financial penalty of 2%, provided it does not exceed R$ 50 million.
Lastly, According to the Law of Introduction to the Norms of Brazilian Law (LINDB), article 2, §1, of Decree-Law No. 4.657, in the case of incompatible laws, whether due to their later enactment or similarity in meaning, the older law is disregarded without the need for repeal.
"Article 2 — Unless intended for temporary validity, the law shall remain in force until another law modifies or revokes it."
§1 — A later law repeals a previous one when it expressly declares so, when it is incompatible with it, or when it entirely regulates the matter dealt with by the previous law (...)”.
