Abstract
This article analyzes the technique of constitutional review applied by the Federal Supreme Court in the joint judgment of Extraordinary Appeals No. 1,057,258/MG (Theme 533) and No. 1,037,396/SP (Theme 987), which culminated in the declaration of the partial and progressive unconstitutionality of Article 19 of Law No. 12,965/2014 (the Brazilian Civil Rights Framework for the Internet). From the perspective of classical constitutional doctrine, it examines whether the establishment of a provisional regime of non-contractual civil liability for digital platforms exceeded the limits of the statutory text and violated the principle of functional conformity. It concludes that, notwithstanding the soundness of the Court’s assessment regarding the systemic risks posed by disinformation, the transposition of legal regimes through interpretative means constituted an act contra legem, effectively turning the Court into a positive legislator and placing strain on the principle of separation of powers.