THE NEED TO ATTRIBUTE A LEGAL NATURE TO ARTIFICIAL INTELLIGENCE AS A DIGITAL ASSET IN LIGHT OF HUMAN RIGHTS, CONSTITUTIONAL GUARANTEES, AND HUMAN DIGNITY FROM THE PERSPECTIVE OF BRAZILIAN LAW

Resumen

This article analyzes the need to define the legal nature of artificial intelligence within the domain of property law, classifying it as an intangible asset. Based on an analysis of the Brazilian civil-constitutional legal system, it argues that granting civil personality to artificial intelligence is unnecessary. The perspective adopted is ontological and grounded not only in the essential characteristics of AI as an intangible asset but also in the understanding that legal personality is not a necessary criterion for resolving legal conflicts involving AI. The article employs a qualitative bibliographic-documentary research method and applies the dialectical method to problematize potential solutions regarding the legal recognition of AI, ultimately proposing the future recognition of AI as an intangible asset as a unifying legal criterion. It concludes that artificial intelligence is, and should be, recognized as a legal good, and that civil legal personality should not be attributed to it as a means of safeguarding human and constitutional rights.