AI Legislative Guide |
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Brazil |
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(Latin America/Caribbean)
Firm
Demarest Advogados
Contributors
TATIANA CAMPELLO |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | Established by MCTI Ordinance No. 4.617, of April 6, 2021, amended by MCTI Ordinance No. 4.979, of July 13, 2021, the Brazilian Artificial Intelligence Strategy - ("EBIA") assumes the role of guiding the actions of the Brazilian State on favor of the development of actions, in its various aspects, that stimulate research, innovation and development of solutions in Artificial Intelligence, as well as its conscious, ethical use and in favor of a better future. Currently, there is a Bill of Law 2338/2023 that aims to regulate the use and development of Artificial Intelligence (AI) in Brazil. The Bill considers different risk levels for AI systems and imposes various obligations on AI suppliers and operators in order to guarantee a balance between innovation and regulation. |
| Which agency regulates the use of AI in your jurisdiction? | Bill 2338/2023 states that the Executive shall appoint a competent authority to supervise the implementation and application of the law. However, as this Bill is still under discussion, the competent authority has not yet been defined. |
AI Legislative Guide
Brazil
(Latin America/Caribbean) Firm Demarest AdvogadosContributors TATIANA CAMPELLO
Updated 21 Jan 2025Yes.
Established by MCTI Ordinance No. 4.617, of April 6, 2021, amended by MCTI Ordinance No. 4.979, of July 13, 2021, the Brazilian Artificial Intelligence Strategy - ("EBIA") assumes the role of guiding the actions of the Brazilian State on favor of the development of actions, in its various aspects, that stimulate research, innovation and development of solutions in Artificial Intelligence, as well as its conscious, ethical use and in favor of a better future.
Currently, there is a Bill of Law 2338/2023 that aims to regulate the use and development of Artificial Intelligence (AI) in Brazil. The Bill considers different risk levels for AI systems and imposes various obligations on AI suppliers and operators in order to guarantee a balance between innovation and regulation.
Bill 2338/2023 states that the Executive shall appoint a competent authority to supervise the implementation and application of the law. However, as this Bill is still under discussion, the competent authority has not yet been defined.