Entre a maldição de Urano e a sabedoria de Atena : uma análise da legalidade das armas autônomas e dos seus possíveis mecanismos regulatórios, à luz do direito internacional humanitário

Abstract

In Greek mythology, the primordial God Uranus inaugurates a curse that accompanied the hellenic deities for several generations. The king god, afraid of being deposed by his own descendants, went on to devour all his newborn, until one of them, the titan Kronos, escaped to fulfill the prophecy of defeating his own father. The new king, tormented by the same nightmares, repeats his father's mistakes, taking the repetition of the prophecy at the hands of his son, Zeus. Zeus follows the same path as his predecessors until the birth of the Goddess Pallas Athena, who, however, aware of the familiar curse, uses his wisdom to break with the cycle, allied with his father, rather than becoming h is tormentor. In contemporary times, this traditional drama of the creator deposed by the creature resurfaces by science fiction and cyberpunk literature with the nightmare of the 'rebellion of machines', due to the vertiginous development of the Artificial Intelligence, resulting from the Fourth Industrial Revolution, in particular its application in the war industry, which demands debates from global society in different fields of knowledge. Like the Hellenic theogonia, the ‘curse of Uranus’ can only be beat by the ' wisdom of athena’, In this context, the present work is proposed to: 1. to know the so-called autonomous weapons; 2. verify the compatibility of this technology with international humanitarian law; 3 . a nalyze i ts p ossible i nternational regulatory m echanisms. Throughout the research it was found that autonomous weapons, under certain conditions, may expand compliance with the humanitarian order, while, under others, may cause real social disasters; therefore, is urgent the need for regulation of that technology, a measure which may be processed by three aspects: 1. a special treaty to ban; 2.a protocol in the Convention of Certain Conventional Weapons (CCW) to regulate; or 3. A construction of a military robotic deontology with Soft Laws; the path to w hich we h ave b een on the side, f or the reasons d etailed i n our work.