Artificial Intelligence in Contracts: A Possible Hypothesis?
Abstract
The text aims to analyze whether, given the Brazilian reality, it would be possible to insert Artificial Intelligence - AI systems in private contracts. First, the existing concepts about AI will be analyzed, as well as the difficulty in conceptualizing it in a single way. The text will address, through the concept of contract, the possibility and the advantages of the use of AI in private contracts.
This idea was first published by Gustavo Tepedino and Rodrigo da Guia Silva, who then emerged as an inspiration for the elaboration of this work, with the proposal of trying to go further.
For the authors, in its original idea, AI could be used as a price fixing instrument, providing flexibility to contracts, in order to reduce the transaction costs of contracts as a result of eventual supervening facts. AI could be used as a way of controlling automatic adaptation clauses, in which the clause establishes the seller's right to revise the price originally set if the costs of inputs exceed a certain pre-set level.
In the present work, we tried to analyze other types of contracts, such as those for lease, in which at the end of 2020 there was a significant readjustment of the IGPM, including comments on the possibility of readjusting the contracts. In this case, for example, AI could be of great help to the parties.
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