The current status of Brazil’s Artificial Intelligence (AI) Bill

Brazil’s legislature is currently examining a comprehensive AI bill which was proposed in February. Juliana Müller of Brazil’s Data Protection Authority (ANPD) reports.

Bill No. 2338/2023(1), titled “On the Use of Artificial Intelligence”, authored by Senator Rodrigo Pacheco, is currently being debated by the Temporary Internal Committee on Artificial Intelligence in Brazil (CTIA, in Portuguese)(2), within the Federal Senate of Brazil.

Throughout 2023, the CTIA held several public hearings(3) with renowned experts to discuss the impacts of artificial intelligence from the regulatory perspective of economic sectors and legal aspects related to the bill, such as:

  • Impacts of AI in the academic, health, industry, agricultural, public, financial, and judicial sectors;
  • General aspects of AI, aiming to understand, from a legal standpoint, justifications, definitions, effects on fundamental rights, principles, and foundations of regulation; and, regarding the technical spectrum, the types, modeling, and different applications of the technology;
  • National and international regulatory approaches, models of regulation (command and control or responsive, centralized or decentralized, sectoral or unified, regulated self-regulation), supervisory regime (administrative sanctions, incentives, regulatory authority, exercise and limits of police powers), regulatory sandboxes, transitional regulatory regime, and legal security;
  • Risks, development, and innovation presented by the technology, as well as its effects on national and international competitiveness, research, training and education, and the impacts of artificial intelligence on the labor market;
  • Key aspects of AI regulation, principled approach, risk-based regulation, liability regime, multisectoral governance, rights statute, automated decisions, human supervision, ethics, privacy, and data protection;
  • Application and implications of artificial intelligence in elections and information dissemination, the challenges and risks AI presents to journalistic integrity and democracy; and
  • Impacts of AI application on cybercrime and the implications of policy formulation for the administration of the criminal justice system, current trends, and the use of AI ­systems and applications to commit criminal and illegal conduct and the possible impacts and responses that artificial intelligence policies may have to combat them.

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