Abstract

CHAVES, Natália Cristina  and  COLOMBI, Henry. ARTIFICIAL INTELIGENCE AND LEGAL PERSONHOOD: PERSPECTIVES IN BRAZILIAN CORPORATE LAW. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.113-131.  Epub Aug 27, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.04.

This article is focused on the impact of Artificial Intelligence (AI) on the legal sector. The premise is that positive law can adapt to new phenomena concerning the juridical agency of AI, assuming, as a hypothesis, that Brazilian LLC could grant AI a de facto legal personality. It uses legal methodology of comprehensive-propositional type, engaging in inductive-deductive reasoning. The work critically analyses data from primary and secondary direct sources. The first part is dedicated to making general points about AI. To face the new challenges, in Europe, the discussions are moving in the direction of granting legal personhood to AI. In the second part, Prof. Shawn Bayern’s theory emerges as an alternative. According to him, it is possible to use an American LLC to encapsulate autonomous systems, letting them act juridically through this legal entity. In the sequence, Bayern's proposition is analyzed from the perspective of Brazilian LLC law, reaching the conclusion that the pace of technological innovations will soon lead to similar legal structures in Brazil.

Keywords : Business Law; Corporate Law; Artificial Intelligence; Law & Technology; Legal Personhood..

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