Brazil Supreme Court rules on debt enforcement and marketplace liability

The Brazilian Supreme Federal Court (STF) has addressed key legal frameworks regarding debt enforcement and internet platform liability.

Regarding debt collection, the STF ruled the constitutionality of using atypical coercive measures, such as the suspension of driver's licenses (CNH) and passports, to ensure compliance with judicial orders under Article 139 of the Civil Procedure Code. However, this is not an automatic penalty for all debtors; judges must ensure the measure is necessary, proportional, and respects the right to defense based on the specific circumstances of the case.

In the digital sphere, the STF has modified the application of the Marco Civil da Internet. While establishing differentiated responsibility regimes for content platforms, the court's ruling on marketplaces remains broad. The court determined that internet application providers operating as marketplaces are civilly liable under the Consumer Defense Code, but it did not provide a specific definition of a marketplace or distinguish between different operational models, such as integrated supply chains versus simple electronic classifieds.