CIVIL LIABILITY AND ARTIFICIAL INTELLIGENCE: WHO IS RESPONSIBLE FOR DAMAGES CAUSED BY AUTONOMOUS INTELLIGENT SYSTEMS?

Resumo

Abstract: The article has as its object of analysis the inquiries related to civil liability in cases where the damage is caused by systems equipped with artificial intelligence. With this intent, the study analyzes the possibility of considering the autonomous system responsible for the damage, as well as what are the essential requirements for the analysis of civil liability in these cases. In addition, the article proposes to understand how the exclusions of civil liability in the described situation work, in addition to making a consideration regarding the Bills of Law nº 5.051/2019 and nº 5.691/2019, in progress in the National Congress, which deal with the principles for the use of autonomous intelligence, as well as the incentives of the development of new technologies in the Brazilian territory. The study intends to emphasize that the rules of responsibility need to find a balance between protecting citizens from possible damage arising from activities carried out by an artificial intelligence system and allowing technological innovation. The methodology used was qualitative, with bibliographic and documentary research, as well as data collection in international organizations, published on the internet.

Keywords: Civil liability. Artificial Intelligence. Unforeseeable damages.  Exclusions of civil liability.