Propriedade intelectual e inteligência artificial: os mecanismos jurídicos de enfrentamento ao plágio no Brasil

Abstract

Artificial Intelligence, whose conceptual origins date back to the 1950s, has evolved due to computational advances that enabled the creation of systems capable of learning and autonomously generating content. In the current technological landscape, Generative Artificial Intelligence models have begun to produce texts, images, and other works by processing large amounts of data, expanding creative possibilities but also generating relevant legal challenges. Among these challenges is the use of protected works as training material for such systems, which may result in plagiarism, unauthorized reproduction, and violations of copyright. Within this context, this study aims to analyze the legal instruments available in the Brazilian legal system for the protection of intellectual works against violations arising from the use of Generative Artificial Intelligence. The research adopts a qualitative approach, supported by bibliographic and documentary review. It examines the concepts of authorship and plagiarism, as well as how the Copyright Law, the Penal Code, the Federal Constitution, and the Civil Rights Framework for the Internet regulate the protection of human creation in light of new technologies. The findings indicate that, despite the existence of relevant protective mechanisms, gaps remain regarding the definition of authorship, the attribution of liability for unlawful acts, and the characterization of plagiarism committed through AI systems. It is concluded that the interpretation and application of existing legal norms must be improved to ensure the protection of human authorship in the face of technological advancement.