In the past two years, the discussions around the Bill of Legislation No. 21/2020, which establishes the so-called “Legal Framework of Artificial Intelligence”, exposed the technical challenges posed by the regulation of emerging technologies in Brazil.
In sum, the main goal of this Bill was to set forth the foundations, principles and guidelines for the development and application of artificial intelligence in Brazil,. After the text approval by the House of Representatives, Brazilian Senate established a Commission of Legal Experts in charge of the drafting of a substitute Bill targeting AI regulation in Brazil.
As of March 2022, the Senate hosted thematic panels, meetings, seminars, and public hearings for discussing the potential experiences for regulation of IA in Brazil. In December 2022, the Commission delivered its final report with a first draft of the document that will be subject to further legislative debate, now consolidated in the existing draft of the new Bill No 2338/2023.
One should remark that the new Bill of Legislation follows the global trends related to the regulation of artificial intelligence, such as the AI Act Regulation of the European Union, and focuses on specific rules, such as general standards for the responsible use of AI in Brazil, protection of the fundamental rights and guarantees associated to the implementation of safe and trustworthy systems in benefit of society and of scientific and technological development.
The Bill also contemplates obligations and responsibilities for providers and operators of artificial intelligence (AI agents); classifies AI systems according to a risk-based approach; and establishes transparency measures and good governance practices for AI agents.]
Check the unofficial translation of Bill No 2338/2023: PL_23382023_Senado_ENG_VF.pdf (mcusercontent.com)
The Innovation & Technology and Data Privacy teams at LO Baptista have been following the work in progress in the Congress for the regulatory proposals for Artificial Intelligence in Brazil and is available to provide clarification and assistance on the subject.
Coauthors: Ana Carolina Gontijo and Carolina Britski Puga
