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Regulation is urgent and necessary, because it could provide legal provision and legal certainty regarding the liability of all these companies that produce AI [...] can cause emotional damage, induce death in young people, children, adolescents and even adults.

 

Another crucial point mentioned by the lawyer is the lack of criminal provisions to hold companies liable when emotional damage leads to serious consequences, such as death.

 

From the point of view of criminal liability, it would be very difficult to apply any type of legal provision in a case like this, in which a machine [...] ends up emotionally harming a young person to the point of him taking his own life.

 

He suggests that, with the regulation, the possibility of criminal liability of the legal entity in these cases be included.

 

Furthermore, the lawyer highlighted that the LGPD deals with data processing, but does not regulate the development and operation of artificial intelligence. Although the  ANPD -  National Data Protection Authority oversees privacy issues, its application on the ethical functioning and security of interactions with AIs is still a nebulous field.

 

In terms of civil liability, this would be an [...] unprecedented issue in the Judiciary. We have no precedent to say what could happen. But we also do not have a law in force today to provide legal certainty.

 

The internet connects the world, but not every platform produced abroad can be freely used by young people in Brazil. [...] There are platforms that are not suitable for minors or that should not even exist, emphasizing the importance of strict control over interactions with these technologies.

 

The case in the United States, according to the lawyer, is a warning for Brazil to adopt preventive and regulatory measures before similar occurrences directly impact Brazilian society.

 

 link: https://www.migalhas.com.br/quentes/418449/opiniao-morte-de-jovem-que-se-apaixonou-por-ia-expoe-lacuna-legal