Responsabilidade civil, riscos e inovação tecnológica: os desafios impostos pela inteligência artificial

Abstract

It aims to analyze the inflows of damages arising from artificial intelligence activity in the field of civil liability, based on the constitutional assumption of social solidarity and victim protection. The objective is to investigate the framework and classifications of civil liability regarding the repair of damages arising from mechanisms equipped with artificial intelligence, and their preventive function in the context of technological development risk, analyzing appropriate answers to situations of uncertainty management. The relevance of the approach assumes character considering the dizzying growth of artificial intelligence in all social branches, which creates the need to delimit transparency and security for the business model. In this panorama, the approach is constituted by means of deductive methodology of bibliographic review, proceeding to an analysis about the theme in the perspectives of Constitutional Law, Civil Law and Consumer Law, comprising scientific journals, books, master’s dissertations and doctoral thesis. Furthermore, the comparative method will be used, analyzing European and American legislative texts relevant to the issue of the dissertation, in order to identify devices and principles that underlie and guide the legal discipline of the issue. The main point of the dissertation connects to the historical process of redirecting the look of civil liability to the victim, in compliance with the principle of full reparation of the damage and with a focus on the general clause of risk set out in art. 927 of the Civil Code, strengthening the commitment to fullfill the fundamental rights. The reparation may be based, depending on the specific case, on strict liability set out in consumer legislation or in the general clause of art. 927, of the Brazilian Civil Code, and in the strict liability caused by inanimated things, not constituting, in principle, the risk of developing an exclusion of the duty to indemnify. On the other hand, inter-business relationships remain disciplined by negligence liability. In this sense, it appears that civil liability for acts of artificial intelligence can, guided by the precautionary principle and in line with technological incentives, in contemporary ways, meet the demands for reparations, with the specificities of the respective legal branches in which it is located, not being necessary, at the present moment, the creation of an additional electronic personality or a new normative framework.