Technological advancements and the increasing digitization of social and economic relations have introduced new challenges for Civil Law. With the recent reform of the Brazilian Civil Code, the social function of property has been expanded to include digital property, imposing new obligations on platforms and digital service providers. This article analyzes the main modifications, their practical impacts, and the challenges in applying these new guidelines.
The concept of property has evolved over time, keeping pace with economic and technological transformations.
With the inclusion of digital property in the Brazilian legal framework, there arises a need to harmonize individual and collective rights, particularly concerning data protection and the liability of digital platforms.
1. The Evolution of the Social Function of Property
Historically, the social function of property emerged to balance property rights with social interests. In the digital environment, this concept expands to include personal data protection, transparency in information management, and the accountability of companies operating in the virtual space.
2. Changes in the Civil Code and Their Impacts
The recent reform of the Civil Code introduced significant changes, including:
The explicit recognition of digital property as a protected right;
The imposition of obligations on digital platforms, including security mechanisms and measures to prevent data breaches;
The expansion of civil liability rules for technology companies and social networks.
3. Data Protection and Platform Liability
The social function of digital property is directly linked to personal data protection. The LGPD (General Data Protection Law) had already established important guidelines, but with the inclusion of this topic in the Civil Code, new regulatory challenges arise.
Platforms must now ensure:
Explicit consent for data collection and usage;
Transparency in the use of user information;
Effective measures to prevent data breaches and misuse.
4. Challenges and Perspectives for the Applicability of the New Regulation
The implementation of these norms faces challenges, such as defining the scope of corporate liability and effectively monitoring compliance. Jurisprudence will play a crucial role in consolidating interpretations regarding the extent of these changes and the limits of platform liability.
Conclusion
The new regulation represents progress in protecting rights in the digital environment, balancing economic freedom with user protection.
However, its effectiveness will depend on judicial enforcement and the adaptation of platforms to the new legal requirements.