08/05/2026
On August 24, 2023, the Federal Senate established a Commission of Jurists to prepare a proposal to reform the Civil Code in response to social and technological changes that were not contemplated when the current Code entered into force in 2002. That initiative later gave rise to Bill No. 4 of 2025, which proposes amendments in different areas of Brazilian private law. For companies, digital platforms, and other market participants, one of the most relevant aspects of the proposal is its treatment of civil liability in the digital environment.
Broadly speaking, civil liability refers to the duty to compensate for harm resulting from an act or omission, provided there is a legally relevant causal link between the conduct and the loss. That framework, however, is being increasingly challenged by the rapid expansion of digital technologies. As artificial intelligence and other technological tools become more deeply integrated into economic and social activity, the traditional standards for assigning liability are likely to face new difficulties, especially in settings where the regulatory framework remains underdeveloped.
In that context, the reform proposal introduces a specific chapter on digital legal situations, broadly understood as interactions in the digital environment that may give rise to liability in relationships involving individuals, legal entities, and digital entities. The text also indicates that robots and virtual assistants would not be recognized as legal persons and could instead be treated as non-personified entities—an issue that is likely to continue generating debate in legal and academic circles.
One of the main challenges in the digital environment is identifying who is responsible for the harm. In practice, unlawful conduct may be concealed through fake profiles or other mechanisms that make it harder to determine authorship and, as a result, to enforce liability effectively. In this setting, the reform brings renewed attention not only to the standards for assigning liability, but also to the possibility of strict liability for service providers. If enacted, these provisions will also need to be interpreted together with the legal framework already established by Brazil’s Civil Rights Framework for the Internet.
The reform proposal could have significant effects, given the broad reach of civil liability across business operations and everyday legal relationships. Although the bill seeks to address issues such as artificial intelligence, neurorights, and broader principles of digital law, its practical effectiveness will depend on whether the final text strikes the right balance between innovation and legal certainty, without creating an overly complex framework or one that is difficult to apply.
Although the legislative process is still ongoing and the final shape of the reform remains open, the proposal highlights the growing need to adapt private law to the dynamics of the digital economy. Companies, digital service providers, and other market participants should closely monitor the bill’s progress, especially as discussions continue around the allocation of liability, platform accountability, and the legal treatment of emerging technologies.
Authored by: Marco Antônio Garcia Lopes Lorencini
