Tutela penal das plataformas que realizam propagandas de atividades ilícitas

Abstract

This thesis examines the potential for criminal liability of communication platforms–such as television channels, websites, and social media networks–that disseminate advertisements for illicit activities. Examples include online betting sites (“bets”) before their recent regulation and the website Fatal Model, which sponsors sporting events despite being associated with illegal practices. Objective: The main objective is to analyze, from a criminal law perspective, whether it’s possible to hold platforms criminally responsible for promoting or sponsoring activities considered illicit under Brazilian law. This includes discussing the boundaries between freedom of expression, economic activity, and criminal repression. Methodology: This is an applied research study with a qualitative and exploratory-analytical approach. The central tools used will be a literature review and jurisprudential analysis, based on criminal law doctrine, decisions from superior courts, and relevant legislation. Results: The expected results will be presented qualitatively through an analysis of judicial precedents and legal frameworks regarding the dissemination of advertisements for illegal activities. The study will highlight doctrinal and jurisprudential understandings of the liability of agents who, while not directly involved in the crime, contribute to its promotion or dissemination. Discussion: The dissemination of illicit activity advertisements by media platforms may constitute a form of criminal participation or inducement to crime, leading to potential criminal liability. This is especially relevant in light of the principle of minimum intervention and the preventive function of criminal law. While Brazilian jurisprudence on this topic is still nascent, it shows signs of maturing as similar cases increase. This study reinforces the need for a critical, proportional, and technically sound approach to criminal law