RESPONSABILIDADE CRIMINAL DO DISCORD POR APOLOGIA AO CRIME E ASSOCIAÇÃO CRIMINOSA: UM ESTUDO COM BASE NO MARCO CIVIL DA INTERNET E JULGADOS DO STF E STJ

This article proposes an analysis of the criminal liability of digital platforms, focusing on the application of Brazilian legislation to the case of the Discord platform, given the occurrence of crimes of apology for crime and criminal association in its virtual communities. The study is based on the analysis of the Brazilian Internet Civil Rights Framework (Law 12.965/2014), relating it to precedents of the Brazilian Supreme Court (RE 1037396 and RE 1057258) and the Superior Court of Justice (REsp 1.660.168/SP), which define the limits of the liability of digital platforms for failure to combat illegal content. In addition, it is based on Ulrich Beck’s theory of the Risk Society, which contextualizes cybercrimes in an era marked by digital vulnerability and the expansion of global risks. The methodology used is qualitative, exploratory in nature, based on documentary and bibliographical research, seeking to understand how platforms, even without an explicit criminal provision, can be held responsible for serious failures in their moderation systems.