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G. Giappichelli Editore

04/05/2024 - Brazil's First Steps Towards AI Regulation

argument: Normativa/Regulations - Digital Governance


According to an article in The The Brazilian Report, Brazil's initial draft on AI regulation marks a critical move in the country's approach to managing artificial intelligence technologies. The proposed framework aims to find a balance between fostering innovation and ensuring ethical AI usage. Drawing inspiration from the European Union’s AI Act, the Brazilian version proposes a more adaptable framework which accounts for local nuances.

Senator Eduardo Gomes introduced Bill 2338, facilitated by Senate President Rodrigo Pacheco, who is prioritizing this legislation in 2024. This bill is seen as a compromise between two earlier proposals and integrates a risk-based regulatory architecture, similar to the EU’s strategy but with greater flexibility. The bill's introduction is merely the beginning of a lengthy legislative journey, with opportunities for amendments and substantial debate ongoing until May 9. Various stakeholders, including legal experts and rights advocates, are actively engaging to shape the final legislation.

The evolution of AI regulation in Brazil began in earnest in 2020, predating the EU’s discussions. It initially started with Bill 21/2020, which was considered too expansive and subsequently replaced by a more structured regulatory proposal, Bill 2338/2023. This shift reflects the country’s ongoing strategy to align its national AI policy with global standards while addressing the unique challenges posed by AI in Brazil.