Artificial intelligence and tort law: an analysis of the draft of the legal framework for artificial intelligence and of the Bill 2338/2023

Abstract

The object of this article is the analysis of tort law brought in the draft of the Legal Framework for Artificial Intelligence in Brazil, analyzing its positive and negative points. It also seeks to verify whether there would be a need for the Legal Framework to deal with civil liability. To this end, the work will be divided into two parts: first, the development of AI in Brazil will be analyzed, as well as the criticism of Bill No. 21/2020, which provided for subjective liability in case of damage caused by the AI. Subsequently, the preliminary draft of the Legal Framework for AI in Brazil will be analyzed, examining the novelties brought about civil liability, such as the creation of the terms “excessive risk” and “high risk”. In addition, the possibility of creating mandatory insurance in cases involving damage caused by AI will be analyzed. Through the study carried out, it will be seen that, considering the general civil liability clauses provided for both in the Consumer Protection Code and in the Civil Code, it is not necessary to foresee a specific rule on tort law in the draft of the Legal Framework for Artificial Intelligence.