Clipping of news on Brazilian Culture, Law and Citizenship
01.29.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Proposal is for the Commission's analysis of Constitution and Justice and Citizenship
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dep. Eduardo Cury
Cury: The amendment to the original design was necessary to prevent the criminalization of Internet application service providers for content posted by third parties
The Committee on Science and Technology, Communication and Information approved The Project of Law 1330/15 by Mr Alexandre Baldy (PSDB-GO), which criminalizes the disclosure on the Internet of fiscal or financial information protected by bank secrecy or tax.
The bill adds provisions to the Criminal Code (Decree Law 2,848 / 40) and provides for the new crime, imprisonment from six months to two years and fine.
The text states that this crime will proceed only by representation, unless it is committed on the direct or indirect public administration of any of the Executive Powers, States, Federal District or municipalities or against utilities companies.
Change
The opinion of the rapporteur, Mr Eduardo Cury (PSDB-SP), was supportive of the proposal with the amendment. Unique design provides that incur the same penalty those who produce, sell or maintain Internet website or database that allows the practice of unlawful conduct.
Since the amendment states that incur the same penalty the producer, merchant or site maintainer on the Internet or database, to be officially notified of judicial decision on the practice of unlawful conduct, failure to take the steps to make unavailable content appointed as infringing.
The change was necessary, according to the rapporteur, to prevent the criminalization of application service providers or internet tools for content posted by third parties. "An example is the big news portals or tools providers such as blogs, which allow the publication of comments from readers or keeping news murals or social networking tool unmanaged by the owner," he cited.
Proceedings
The proposal will be examined by the Commission on Constitution and Justice and Citizenship and then by the Plenary.
FULL OF THE PROPOSAL:
Source: Agency Board
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This article was translated by an automatic translation system, and was therefore not reviewed by people.