PANORAMA ACERCA DA RESPONSABILIDADE CIVIL DO FORNECEDOR DE SISTEMAS DE INTELIGÊNCIA ARTIFICIAL À LUZ DO DIREITO CIVIL BRASILEIRO

Abstract

This work aims to analyze the civil liability of suppliers of artificial intelligence systems within the scope of Brazilian Civil Law. The study begins with an approach to the relationship between Law and Artificial Intelligence, contextualizing the historical development of this technology and defining the concepts of artificial intelligence. Next, the foundations of civil liability in the Brazilian legal system are presented, highlighting the concept and types of civil liability. Subjective and objective civil liability are analyzed in detail, with an emphasis on the role of risk in objective civil liability, as well as the analysis of the causal link between the agent's conduct and the resulting damage. The liability of suppliers of artificial intelligence systems in the context of Brazilian Civil Law is explored in a specific chapter. The current norms of the Civil Code applicable to supplier liability are examined, with a focus on the discussion of damages caused by autonomous acts of artificial intelligence. The search for a new regulatory paradigm for civil liability in the context of artificial intelligence application is discussed, taking into account the challenges and gaps in the current legislation. In this regard, the proposal for regulating the civil liability of suppliers of artificial intelligence systems in Brazil by CJSUBIA (Commission of Jurists responsible for drafting a substitute bill) is analyzed. Additionally, the challenges and gaps that arise when regulating civil liability in the context of artificial intelligence application are identified. Finally, the study presents the concluding remarks, emphasizing the importance of a responsible and appropriate approach to the civil liability of suppliers of artificial intelligence systems. The text is based on extensive bibliographic research including books, scientific articles, news, reports, and legislation, using a narrative literature review as the methodology. Thus, the research contributes to understanding the current normative framework and the academic debate on the accountability of suppliers of artificial intelligence systems. It proposes to enhance the understanding and development of Civil Law in the context of this technology, with the goal of ensuring accountability within the appropriate limits and promoting the safety and reliability of artificial intelligence systems in Brazil.