1st ICAI 2020

International Conference on Automotive Industry 2020

Mladá Boleslav, Czech Republic

administrative liability of the electronic computer that will guide the car. In the next pages, in a futurology exercise, we will try to point that will need to be created to try to discipline this new reality of traffic with cars whose driver is a kind of robot. 5.1 Civil Responsibility and Convenience of Mandatory Insurance Vehicles with level 4 automation are not driven by any human. In fact, human participation in the operation of these machines will be limited to informing the destination of the race, entering the vehicle and waiting for the end of the route. It will be the virtual driver who will control the speed and react to the usual traffic events. In these cases, if there is a traffic accident with the participation of this autonomous vehicle, who should bear the compensation for losses and damages suffered by the eventual victims? The current legal tools are only partially prepared to face this situation. It is that, according to the theory of guarding the thing, whoever has the power of direction of that thing must answer for the damages originated from its use. It is a consequence of the risk-created theory: whoever secures an object that potentially generates damage to third parties must assume the burden of this risk that she created. It follows that, in these cases, it is irrelevant to investigate the existence of guilt of the owner of the thing, since the liability is objective. In the case of vehicle accidents, the Brazilian Superior Court of Justice (STJ) established, based on the theory of custody of the thing, the understanding that the owner is responsible for damages caused to third parties, even if he has not driven the vehicle. By the way, mention this judgment to illustrate: REGIONAL APPRAISAL. SPECIAL APPEAL AGAINST. TRAFFIC ACCIDENT. PASSIVE LEGITIMACY OF THE VEHICLE OWNER. SUMMARY N. 83 / STJ. (…) 1. The jurisprudence of the STJ was established in the sense that the vehicle owner is jointly and severally liable for damages resulting from a traffic accident caused by the fault of the driver. (…) 3. The STJ recognizes the insurer’s subrogation right to the insured’s rights, under the terms of Precedent no. 188 / STF: “The insurer has a regressive action against the cause of the damage, for which he effectively paid, up to the limit provided for in the insurance contract”. 4. Regimental appeal devoid. (AgRg at AREsp 752.321/ SP, Minister of Justice JOÃO OTÁVIO DE NORONHA, THIRD CLASS, tried on 12/15/2015, DJe 2/2/2016) – Brazilian Superior Court of Justice. The legal response to cases of autonomous vehicles will be no different. The owner of the vehicle, having the intellectual command of the thing – the owner decides whether the vehicle will be used or not -, is civilly liable for damages caused to third parties, regardless of proof of guilt. If it is proven that the owner of the vehicle has carried out all necessary maintenance on the vehicle or that the accident was caused by manufacturing problems, it will be

228