Carros Autônomos da Tesla: Uma análise da responsabilidade civil por danos causados pela inteligência artificial

Abstract

This paper analyzes civil liability arising from damages caused by Tesla autonomous vehicles, highlighting the application of artificial intelligence and the associated legal challenges. It investigates who is responsible for compensating the losses in accidents involving different levels of vehicle autonomy, considering that, from level 0 to 3, liability falls on the driver, while at levels 4 and 5, objective liability applies, based on the theory of risk in the circulation of the product. The study addresses the historical evolution of civil liability, distinguishing its subjective and objective modalities, as well as the necessary requirements for imputing damages, including action, harm, causal nexus, and fault. It also discusses the relevance of the Consumer Protection Code in safeguarding users and the need for specific regulation for autonomous vehicles in Brazil, in light of international experiences. The research demonstrates that the increasing technological autonomy demands adjustments in the legal framework, in order to balance the protection of victims with the legal security of suppliers. It concludes that civil liability should be applied differently depending on the level of vehicle autonomy, prioritizing the risk theory in cases of higher autonomy, ensuring greater protection for victims of damages. The research adopted a hypothetico-deductive approach, through a bibliographic review based on the analysis of doctrine, relevant legislation, and public technical reports on Tesla vehicles. The study seeks to identify the legal implications of using autonomous vehicles, considering safety failures, user behavior, and usage predictability