Inteligência Artificial e Responsabilidade Civil: Desafios da Imputação de Danos no Ordenamento Jurídico Brasileiro

Abstract

The increasing development of artificial intelligence (AI) and its incorporation into essential activities such as healthcare, transportation, finance, and public administration has provoked profound reflections in the legal field, especially regarding civil liability. The autonomy of these systems, capable of making decisions without direct human intervention, challenges traditional legal concepts, since Brazilian law still lacks specific normative instruments to address liability for damages arising from their use. This study aims to analyze who should be held liable for damages caused by autonomous AI systems in Brazil, considering normative gaps, limitations of current legislation, and international experiences. To this end, a qualitative approach is adopted, with bibliographic and documentary review, based on legal doctrine, national and foreign legislation, and regulatory initiatives. The results show that traditional models of civil liability, based on fault or the theory of risk, are insufficient in the face of the autonomous logic of AI, requiring the construction of new legal frameworks capable of ensuring legal certainty and effective protection for victims. Thus, the study points to the need for Brazil to advance in the formulation of specific norms, possibly based on objective responsibility and mechanisms of shared accountability among agents that are part of the technological chain.