Carros autônomos: uma análise sobre a (im)possibilidade de atribuição de personalidade jurídica a agentes de inteligência artificial no direito brasileiro

Abstract

This work analyses the possibility of attribution of legal personality to autonomous cars within Brazilian law. The current hypothesis is that when nonhumans, being capable of artificial intelligence, start to perform activities which imply in a high level of decision-making, it becomes necessary to rethink the possible juridical effects that may arise from it. Therewith, through a bibliographical and normative analysis, it was performed a juridical-diagnostic and propositional investigation, with a qualitative evaluation of the juridical concepts attributed to the object of the research. Initially, there were presented the technological concepts currently applied to autonomous cars and its stage of development. After the introduction of the state of the art, it was performed bibliographical research in order to motivate the discussion about the possibility of attribution of legal personality to autonomous cars, taking in consideration, as the main normative references, the Brazilian Civil Code and the Brazilian Traffic Code, as well as law projects for the regulation of artificial intelligence. The third chapter, in its turn, presented international directives regarding the regulation of such matter and the possibility of attribution of the German concept of Teilrechtsfähigkeit or partial legal capacity. According with the raised discussion and with the analysis of several concepts and directives, it was concluded that it was possible the attribution of legal personality to autonomous cars in Brazil, as its actions share resemblance to human conduct.