CIVIL LIABILITY IN THE CONTEXT OF DECISIONS TAKEN BY ALGORITHMS

Social transformation with the notion of technology at its core is a reality. The modifications present a true paradigmatic break, where concepts must begin to be rethought and redefined. This article works with the idea of analyzing how Law should evolve to reach the reality where autonomous machines (robots) have the capacity for decision and action, such as the use of technologies to replace man in situations that were considered irreplaceable some time ago, such as, for example, taking the role of judge and deciding in judicial situations. If the use of tools cannot (and should not) be barred, awareness and discussion of these issues is a priority. Law, as a social science, must reinvent itself and acquire a more active role, leaving its retrospective plan and foreseeing situations, in order to reformulate its legislative framework to cover situations that have not yet become reality, but are not predictable to happen. Therefore, this paper discusses the institute of civil liability and whether the current normative provisions on the concept are sufficient to ensure the protection of fundamental rights and reparation for damages, while taking into consideration the decisions of autonomous machines, in various ways.