Aspectos jurídicos atinentes ao emprego de armas autônomas letais nos conflitos contemporâneos : reflexões, para a Marinha do Brasil à luz dos princípios do Direito Internacional dos Conflitos Armados

Abstract

This study analyzed the legal, ethical, and operational challenges arising from the use of lethal autonomous weapons (LAWS) in contemporary armed conflicts, with an emphasis on the repercussions for the Brazilian Navy. Based on the foundations of the Law of Armed Conflict (LOAC), also known as International Humanitarian Law (IHL), the study adopted a qualitative and exploratory approach, supported by a literature and documentary review. The study examined how the advancement of Artificial Intelligence (AI), the technological basis of LAWS, has intensified the risks of dehumanizing hostilities by reducing human intervention in decisions regarding the use of lethal force. Furthermore, the study investigated the compatibility of LAWS with the core principles of LOAC — distinction, proportionality, precaution, military necessity, and humanity. It was found that there is international consensus regarding the full applicability of these principles in the development and use of LAWS. However, it was highlighted that the current legal framework proves insufficient to regulate such weapons systems, making the adoption of a specific international treaty urgent. The work also sparked reflections on the need for regulatory and institutional improvements within the Brazilian Navy, given international demands for stricter regulation in the short term. In this sense, the investigation contributes to the national strategic debate by highlighting the importance of training the Naval Force and consolidating a mindset focused on this new and inevitable emerging technology