RESPONSABILIDADE CIVIL E INTELIGÊNCIA ARTIFICIAL: DA NECESSIDADE DE LEGISLAÇÃO ESPECÍFICA SOBRE INTELIGÊNCIA ARTIFICIAL NO BRASIL

Abstract

This paper presents a study on civil liability in the context of artificial intelligence (AI). Initially, it addresses the evolution of AI technology, highlighting its growth and impact on contemporary society. It then analyzes the concept and modalities of civil liability, considering the challenges posed by AI, such as the difficulty of understanding decisions made by complex machine learning algorithms. The paper also investigates the need for specific legislation to address the problems arising from AI and identifies inconsistencies and gaps in the current legal framework. Among the analyzed problems, only civil liability for damages to data privacy caused by AI systems finds a secure response in existing legislation. The importance of adequate regulation to address the legal challenges of AI is recognized, considering the categorization of AI systems (based on the risk level of autonomy and the activities performed) and the accountability of the parties involved for each category. Furthermore, criticisms of Bill 21/2020, which aims to regulate AI, are presented, along with considerations on the application of existing civil liability regimes. It is concluded that the incidence of civil liability regimes in AI requires attention from jurists, lawmakers, and experts in the field, and that the development of specific legislation, combined with pragmatic solutions, will contribute to ensuring justice and security in legal relationships involving AI.