Desinteligência artificial: a imputação da responsabilidade civil em casos de falhas algorítmicas

Abstract

The growing hyperconnectivity in the information society (digital age) made it necessary a reflection about the possibility of civil liability imputation in cases arising from algorithmic failures, bringing up ( bringing to the discussion) a evolution of the understanding of civil liability concept and its constituitive elements. Drawing on extensive bibliographic research and bridging inspiration from european and north american legislations - pioneers in the field -, the work stars from the concept, already known, of civil liability, evolving, to the conclusion that, in addition, to what is necessary, its possible the civil liability imputing in damage cases caused by algorithmic failures. so that the civil liability falls on the artificial intelligent system provider, in the other words, the one who was in charge of creating the system, enter the datas that are used for algorithms decision-making, as well as, being responsible to keeping the system running without prejudice to the recognition of a concurrent fault of the user, in cases where applicable