Causalidade e imputação objetiva nos tipos penais relativos a veículos autônomos

Abstract

The presente research, based on a specifically considered situation, analyzes the possible criminal implications for the case of accidents involving the malfunction of autonomous vehicles, notably in cases of bodily injury or death. To reach this intent, the research analyzes general artificial intelligence technology, as well as the specific technology of autonomous vehicles. Then, it focuses on the civil legal treatment for the matter, as a way to understand the current stage of the issue by the doctrine of civil liability, which appears to have more developed concepts. Afterwards, the concepts of causality and objective imputation will be analyzed, as essential instruments concerning to the criminal point of view. Then, it analyzes the proposed question, by reuning the previous concepts on the first and second chapters, and it searches for an answer if it is possible to establish, from the criminal point of view, the causality and the objective imputation to the case. Finally, it analyzes briefly the imputation possibilities - to the programmer, the entrepreneur and, next, the possibility of a starting discussion about the responsibility of the machine itself. It is allowed as a proposed resolution to the problem posed by the possibility of imputing the programmer and manager of the company responsible for the technology, based on the recommended criteria of minimum driving skills and repetition of accidents as a way to characterize imputation.