Brazilian Civil Code, Federal Law no. 10.406

When the underlying relation does not regard consumer law (see below), the applicable law regarding civil intermediary liability is the Civil Code. This legislation institutes the core principles and provisions of tort law in Brazil. Article 186 provides for a classic Aquilian liability, and states that “he who, by voluntary action or omission, negligence or recklessness, violates rights and harm others, even if exclusively moral damages occur, commits an unlawful act.” Article 187 expands liability and provides legal basis for strict liability, stating that “also commits an unlawful act the holder of a right in which exercise clearly exceeds the limits imposed by their economic or social order, the good faith or morals.” Atricle 927, finally, institutes that “he who, by an unlawful act (arts. 186 e 187), causes damage to another, is obliged to repair it.” It is noteworthy that although there is no doctrine of vicarious liability in Brazil, the provisions on joint strict liability might be used to the same effect. As with civil liability, there is no specific legislation in Brazil regarding criminal intermediary liability. Some crimes, however, either specifically addresses acts of intermediary parties or has such open-ended elements that parties responsible for Internet Service Providers may subject to criminal charges.