Inteligência Artificial e a Gramática Ético-Jurídica da Sociedade (Pós)-Humana

Abstract

The theme of this thesis is the proposition of a framework to structuring global regulation of a responsible and ethical artificial intelligence. Technoscientific society brings to the human being a new way of thinking about the human-machine relationship, in the so-called paradigm of exponentiality and digitality. The transformations that new technologies bring to the human being are multiple, a real disruption in the way of thinking the society, in its multiple faces. In the context of Niklas Luhmann's Theory of Social Systems and in the scenario of globalization, there is an intra and inter-systemic dialogue between the various social subsystems that make up society, such as the systems of politics, health, economy and Law. In a scenario of great and quick technosocial transformations, the global legal regulation of artificial intelligence through global lex digitalis, has the mission to reduce social complexity, in the context of a new regulatory paradigm, whose theme is transcendental, considering its use and applications in society, and should be the center of debates and ethical-legal concerns the human being (humanocentrism). The chapter entitled The Psychic System in the Centrality of Science shows, in light of Luhmann's Theory of Social Systems, that transdisciplinarity is a condition of possibility for the technological revolution, and leads to the need for a systemic understanding, for a new ethical grammar of the (post)-human society as the epistemological opening of Law to the society of technoscience. The chapter Law and Society: a systemic reading of the technoscientific society portrays the overflow of the current sources of law production, resulting from the phenomena of globalization and legal pluralism in a global environment, considering that the theme of artificial intelligence has transnational relevance. The chapter Artificial Intelligence: limits and (counter) senses to the evolution of homo sapiens (human against the machine?) - on the way to an ethical-legal grammar of (post)-human society, highlight of the thesis, reflects that the use of AI systems must comply with legal norms, and it is necessary to address the issue of artificial intelligence in light of the ethical-legal implications of global lex digitalis, by designing the new ethical-legal framework (a new framework for a responsive global lex digitalis design) to meet the challenges for the technoscientific society. The methodology used for the development of the thesis is the systemic-constructivist, trying to demonstrate, in the light of Niklas Luhmann's Theory of Social Systems and Gunther Teubner's Theory of Social Constitutionalism (constitutional fragments), the importance of establishing global regulatory scenarios in the elaboration of legal norms, the global lex digitalis, in the context of polycentric legal pluralism, especially in relation to artificial intelligence. The conclusion of the thesis recommends the need for the edition of global lex digitalis, in the context of “regulated self-regulation”, which translates into the need for an ethical-legal regulation of AI, which can be led by an international organization that disciplines the theme of IA for application in the global scenario.