ANALYSIS OF THE USE OF ARTIFICIAL INTELLIGENCE - AI, AS INTELLECTUAL PROPERTY, AND THE CONSEQUENCES IN THE BRAZILIAN CIVIL LEGAL SPHERE

Abstract

Artificial Intelligence "is a branch of computer science research that seeks, through computational symbols, to build mechanisms and/or devices that simulate the human being's ability to think, solve problems, that is, to be intelligent" (SANTOS, 2021). At the National Institute of Intellectual Property – INPI, AI is analyzed from the perspective of a Computer Program, defined in law 9,609 of February 19, 1998. Thus, the main objective of this study is to analyze the legal consequences brought about by the use of Artificial Intelligence in civil law, and how Brazilian legislation has protected the common citizen, in the face of possible conflicts involving this technology, based on the lecture given by the Minister Luiz Fux, from the Federal Supreme Court, in September 2019, at the event “New Trends in Common Law – Artificial Intelligence, Economic Analysis of Law and Civil Procedure”, in London – England, Thus, it is intended to point out the likely civil gaps in Brazilian legislation involving issues related to the use of Artificial Intelligence, such as Intellectual Property, knowing the different practices and forms of protection related to the use of this innovation, examining the various ways to make use of it in other countries and understand how AI impacts society as a whole. For this, the available national and international bibliography will be used, as well as articles and technology and legal magazines that report on the proposed theme. The method used will be the inductive one, based on the lecture given by the Minister of the STF, Luiz Fux. The present work is justified in view of the likely consequences that the use of AI can generate in the civil judicial sphere, whether in the protection of intellectual property, or in the protection of the rights of the common citizen, exposed to a possible harmful event, as a result of the use of Artificial Intelligence by third parties. The legal system protects Artificial Intelligence as Intellectual Property, leaving the common citizen exposed, without safeguarding against the possibility of being a victim of harmful events caused by technology. There is still no legal consensus on the indispensability of creating specific standards or institutes to address issues related to AI. There are several questions, but there is little literature to help us unravel this problem.