Artificial Intelligence law at Brazil
Brazil is actively advancing its regulatory framework for Artificial Intelligence (AI), focusing on human rights, accountability, and innovation. Here's an overview of the current legal landscape:
🇧🇷 Brazil’s AI Legal Framework
1. AI Legal Framework (Bill No. 2.338/2023)
On December 10, 2024, Brazil's Senate approved Bill No. 2.338/2023, establishing a national regulatory framework for AI systems. Key provisions include:(Mattos Filho)
Risk Classification: AI systems are categorized into three levels—excessive risk (prohibited), high risk, and non-high risk. (OECD.AI)
Rights of Affected Individuals: Individuals have rights such as information, explanation, non-discrimination, and privacy concerning AI interactions. (Mattos Filho)
Liability: Developers and operators are liable for damages caused by AI systems, with provisions for civil liability under the Consumer Protection Code or Civil Code. (Mattos Filho)
Governance and Oversight: The National Data Protection Authority (ANPD) is designated as the central authority, supported by sectoral regulators and a new National System for AI Regulation and Governance (SIA). (AIRe)
Sanctions: Violations can result in fines up to BRL 50 million and other penalties, including suspension of AI system operations. (Mattos Filho)
The bill is currently under review by the Chamber of Deputies and requires presidential assent to become law.
2. Public Consultation by ANPD
In November 2024, ANPD initiated a public consultation to gather input on the intersection of AI and data protection. The consultation addresses topics such as user consent, transparency, and safeguards against discrimination in AI systems. The feedback will inform future regulations. (LawPolicyNavigator, Mattos Filho)
3. Meta’s AI Policy Suspension
In July 2024, ANPD suspended Meta's new privacy policy regarding the use of personal data for training generative AI systems, citing potential risks to individuals' rights. Meta was required to revise its policy and inform Brazilian users about data usage for AI training. The suspension was lifted after Meta complied with these requirements. (Reuters, Reuters)
4. Bill on AI Use by Professionals
Bill No. 266/2024, referred to the Senate Internal Temporary Commission on AI in February 2024, addresses the use of AI by professionals such as doctors, lawyers, and judges. It permits AI assistance under human supervision and ensures professional autonomy is maintained. The bill is under review and has not yet been enacted. (DataGuidance)
🚀 Strategic Investments in AI
In July 2024, Brazil announced a 23 billion reais ($4.07 billion) investment plan to enhance its AI capabilities. The plan focuses on developing sustainable and socially-oriented technologies, achieving technological autonomy, and reducing dependence on imported AI tools. It includes funding for projects in public health, agriculture, environment, business, and education, with a significant portion allocated to business innovation and AI infrastructure. (Reuters)
✅ Summary
Brazil is proactively shaping its AI landscape through comprehensive legislation, public consultations, and strategic investments. The proposed AI Legal Framework emphasizes human rights, accountability, and innovation, positioning Brazil as a leader in responsible AI governance.(LawPolicyNavigator)
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