Teoria do risco tecnoambiental análise da responsabilidade civil por danos ao meio ambiente provocado por robôs
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Abstract
This study analyzes the legal challenges of the Fifth Industrial Revolution, focusing on civil liability for environmental damage caused by autonomous robots and Artificial Intelligence systems. It starts from the premise that, although the Brazilian legal system adopts the Theory of Integral Risk as the basis for environmental civil liability, adequate mechanisms are still lacking to address new technological realities. The hypothetical-deductive method and a comparative analysis of foreign legislation (Japan, South Korea, Russia, and the European Union) are used to evaluate normative effectiveness and propose innovative solutions. As a main theoretical contribution, the Theory of Techno-environmental Risk is proposed, which seeks to integrate the classic principles of environmental law with the demands of the digital age, promoting a balance between innovation, legal certainty, and ecological protection. The study advocates for the flexibilization of the liability regime, based on Article 12 of the Consumer Protection Code, prioritizing the liability of the manufacturer and other agents in the production chain. Tests with a bot based on mathematical models, inspired by Professor Zhelezova's studies, have shown promising results in the automated attribution of environmental legal responsibility, highlighting the potential of Artificial Intelligence to strengthen the predictability and effectiveness of the environmental regulatory system.