A responsabilização penal de condutas praticadas pela Inteligência Artificial

Abstract

The main objective of this article is to analyze the possibilities of criminal liability for conduct practiced by artificial intelligence, taking into account the rapid technological advancement undertaken by a hyperconnected society, while Criminal Law has not developed at the same pace, with a clear gap legislation regarding illegal acts committed by machines. To this end, the concept of crime will be analyzed, as well as theories of crime in the criminal system, as a way of understanding whether it would be appropriate to hold an Artificial Intelligence accountable 3 that currently, through data processing, is able to learn autonomously, without the human intervention. This reality comes up against the impossibility of there being a subjective aspect – namely, the intention of committing the illicit act – which makes it even more difficult to hold an AI accountable, a liability that is currently restricted to the civil sphere, in the face of a discussion that is still is far from complete.