Technological advancements and the increasing use of Artificial Intelligence (AI) in various sectors of society have generated profound transformations in legal and social relations. In this context, new problems arise related to liability for damages potentially caused by autonomous systems that operate with little or no direct human intervention. The absence of specific regulations on civil liability for damages caused by AI makes a legal analysis of the topic urgent, especially given the complexity of attributing responsibility to agents who are often not natural persons. Therefore, the study's research question was: does civil liability for damages caused by AI apply to the developer or to the AI itself? Faced with this problem, the following general objective emerged: to analyze which subject is subject to civil liability for damages caused by AI. This contributes to the academic debate and the construction of theoretical foundations that can support future legislation and judicial decisions.