Responsabilidade civil e inteligência artificial

: quem responde em caso de erro do equipamento médico inteligente?

Abstract

The technological evolution we have witnessed in recent decades has brought with it numerous challenges for the legal world. In fact, the increasingly frequent implementation of AI-equipped devices in the daily life of human beings has given rise to a growing concern in society regarding its challenges and risks. The need to face these new problems has triggered, both internationally and internally, numerous questions related to the capacity for self-learning and autonomy that these "agents" show and that, naturally, have repercussions on the scope of civil liability when their use results in damages. Note that one of the areas of knowledge in which AI has become involved is the area of health, which rekindles the discussion about how and under what terms the health professional can be held responsible when he or she uses these "agents" in the performance of medical acts. In this way, the present dissertation approaches questions such as the civil responsibility of doctors for acts performed by themselves, the responsibility of autonomous agents and the possible creation of their own legal personality, and, finally, the (im)possibility of resorting to the solutions existing in Constitutional Law to solve these new legal challenges.

Date of Award	10 Jan 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Sousa e Silva (Supervisor)