Responsabilidade civil e inteligência artificial: uma análise a partir da PL 2338 e da Resolução (2020/2014(INL) do parlamento europeu acerca do regime de responsabilidade civil aplicável à inteligência artificial

Abstract

The present work deals with the relationship between the civil liability system and the artificial intelligence. To trace this objective, the historical development and the general panorama of artificial intelligence, from its origins to the present day. In then, from classical sources, the possible existing definitions containing the Artificial Intelligence, the most relevant being that proposed by Alan Turing. recognized definitions, philosophical aspects are traced to try to understand how the machine learning and how it affects the home system principle derived from the Federal Constitution of 1988. Having made such considerations, turns to look at the study of the theory of civil responsibility, from its elements components - action or omission, conduct, the existing causal link and damage caused -, always focused on an analysis applied to artificial intelligence. Finally, an analysis of the bill 2338/2023, whose parameter is to establish guidelines for the use of intelligence artificial in the national territory as well as filling the existing gap in the planning legal about the civil responsibility pertinent to the case, and the resolution of the parliament European Union on the civil liability regime applicable to artificial intelligence as Parameter form for other legal systems