SUI GENERIS CRIMINAL LIABILITY

FROM THE CRIMINAL LIABILITY OF THE LEGAL ENTITY TO THE CRIMINAL LIABILITY OF THE ALGORITHMIC PERSON

Abstract

Some forms of artificial intelligence, given their characteristics of unpredictability and autonomy, seem to challenge the classic dogmatic categories of criminal attribution. tThe final criteria of Criminal Law are not sufficient to allow a legitimate intervention in this sense, considering that criminal imputation in the Brazilian legal system only targets the human being, whether through conduct or through their ability to understand the illegality of what you are doing. Therefore, it is necessary to borrow concepts and regulations specific to those already established in relation to collective entities, given the sui generis format of the two institutes, in which we are not faced with a human being practicing a conduct, but, at the same time, We cannot disregard the practice of criminal acts with harmful results, both by legal entities and, currently, by algorithmic individuals.