The Proposal for Regulating Autonomous Land Vehicles in Brazil Brief Analysis of Bill No. 1,317/2023, with Emphasis on Civil Liability

Abstract

The editorial analyzes Bill No. 1,317/2023, which seeks to regulate the operation and circulation of autonomous vehicles in Brazil by amending the Brazilian Traffic Code. It highlights the need to improve the bill by creating rules tailored to different practical scenarios, such as varying levels of automation, balancing performance, ethics, civil liability, and cybersecurity. The text criticizes the inclusion of fault-based liability, noting it contradicts current legal logic, and calls for clear criteria for assigning liability, considering actors involved, automation levels, and algorithm complexity. It supports joint liability between owners and manufacturers, even in cases of AI system failures, emphasizing risk and victim protection. The editorial also suggests mandatory insurance with clear minimum coverage, safety standards, rigorous testing, data protection, ethical responsibility, and damage mitigation. It underlines the importance of minimum connectivity standards and infrastructure adaptation. It concludes that while regulation is urgent, Brazilian legislation must still evolve to reach a mature, comprehensive, and systematic framework for this technological reality.