A necessidade da conduta ilícita do usuário para o fornecimento de dados pelo provedor de aplicações de internet, à luz da Emenda Constitucional n° 115/2022

Abstract

This conclusion work analyzes the impacts of Constitutional Amendment 115/2022, specifically in court cases in which there is a request for provision of data directed to the provider of internet applications. Article 22 of the Marco Civil da Internet establishes requirements that must be met when the requesting party formulates a request for data from a particular user, and one of these requirements is evidence of unlawful acts committed by the user. Before Constitutional Amendment o. 115/2022, the request and the granting of the provision of such data without evidence of unlawful acts only violated infra-constitutional laws that guarantee the user's privacy and the protection of personal data. After the Constitutional Amendment 115/2022, the eventual granting without the observation of the unlawful act generated new effects: the violation of a fundamental right constitutionally guaranteed. Therefore, it is clear that the impacts of the Amendment on judicial procedures where the provider of Internet applications is required to provide data from a user in order to identify him or her are clear: the care and attention when requesting the data, or when analyzing the case, should be doubled. Otherwise, the user will have his fundamental right to protection of his personal data violated