Granting Legal Personality To Artificial Intelligences In Brazil’s Legal Context: A Possible Solution To The Copyright Limbo

Abstract

This article investigates the feasibility and consequences of granting legal personality to Artificial Intelligences (AIs) in the context of Brazilian law, with a special focus on copyright law. It conducts a thorough analysis of how such a grant can enhance legal security and encourage innovation in AI technologies. Through an integrative review of the literature and a comparative analysis of national and international legislation and jurisprudence, the study explores the implications of this legislative innovation. The article highlights the importance of legal clarity for companies and investors in the AI sector, emphasizing that granting legal personality to AIs can simplify the identification of the copyright holder and protect investments. However, the work also recognizes challenges, such as the complexity of assigning authorship and evaluating the originality of works created by AIs. A careful debate is proposed on criteria for determining which AIs should be considered legal persons and how to balance the rights and duties of AIs and their creators. The study suggests adapting the legal structure of the LTDA to incorporate AIs as operational entities, aiming for an effective legal framework for managing risks associated with AI. It concludes that granting legal personality to AIs in Brazil is a promising strategy, requiring careful consideration and forward-looking vision, emphasizing the need for Brazilian law to prepare for the opportunities and challenges of the AI era.

Keywords: Artificial Intelligence; Legal Personality; Copyrights; Innovation; Legal Security.