2nd ICAI 2022

International Conference on Automotive Industry 2022

Mladá Boleslav, Czech Republic

to repair the damage, when there is a defect in the product, however, if the defect does not exist, there will be no obligation to repair (Maia, M. M., 2017).

3. New Challenges The implementation of such innovative and revolutionary technology as self-driving cars has brought legal challenges that are still difficult to imagine, and it is still unclear what the role of public authorities should be in this context. Some educated guesses, however, can be made. Many of the challenges are eminently technical. To what extent should producers, for example, be able to explain how their vehicles work? What are the technical rules that must be followed in its manufacture and operation? The answer to these questions can even resolve civil liability issues, for example, by drawing technical boundaries between what can be considered an “addiction” and what is a mere “autonomous decision”. It is understood that it would be necessary to create specialized regulatory agencies to deal with such problems, which in some situations could find support in Brazilian law. Another viable mechanism to reduce the risks inherent to this technology is the creation of mandatory insurance contracted by manufacturers. Considering the large scale inevitability of damages and the difficulty of predicting them or determining their causality individually, the imposition of compulsory insurance could also, at least in part, have positive effects. Another relevant role that regulatory agency could play would be in determining the scope and necessity of such measures. However, agencies cannot be the only ones to regulate the issue of autonomous vehicles. There are other legal problems that go beyond technical issues and will depend on legislative activity. One of the most relevant is the protection of driver data. With automation, more and more data will be collected from drivers; and not only from where and where they go, but about the most diverse aspects of their surroundings, since such data are necessary, for machine learning algorithms, for the vehicle itself to improve its driving ability. Even though it is still not clear at what level such collection (and eventual sending to the manufacturers’ servers or third parties) will be necessary and possible, some problems already present themselves in advance: This collection will be allowed to what level? In what ways can it be abused by companies, and what is the role of the law in this potential abuse? Who are the holders of this data? Will they be able to be sold to other companies? If yes, under what conditions? This data would be an essential element for the proper functioning of autonomous cars – and even of any other systems imbued with artificial intelligence. They have a growing economic and social value not yet fully realized, but with the increasing implementation of such systems it will become increasingly clear.

4. Final considerations

Autonomous cars are still a new frontier for Brazilian law. The law is still not able to satisfactorily manage the risks that will gradually become clear with the mass use of new technology, giving only partial answers to the most important questions imposed

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