Digital Platforms and Markets
Where the SabIA Sings: Governance and Regulation of Artificial Intelligence from Brazil
Objective: Qualifying the public debate on governance and regulation at the local, regional, and international levels with an emphasis on the Global South. In this sense, given Brazil's economic and geopolitical relevance on the global stage, a priority is to investigate and advocate for its regulatory framework to reconcile a risk-based and rights-based approach, effectively considering the particularities of the national context.
Duration: 2023 - 2024
Status: Em Andamento
Supporter(s): Eko, Heinrich Böll Stiftung and Luminate
Artificial Intelligence (AI) is undergoing rapid development, creating opportunities and challenges for society. Consequently, its regulation is also being discussed worldwide, with different approaches, degrees of regulatory strength, scales, and interested actors.
Following this line, Brazil is also discussing different forms and proposals for regulating technology within its territory. In April 2021, the National Artificial Intelligence Strategy (EBIA) was published by the Ministry of Science, Technology, and Innovations (MCTI). However, it was criticized for its generic approach and lack of planning, as it did not indicate the responsible actors for governance, did not delve into the analysis of applicable methods for critical issues (such as transparency and explainability), and did not critically reflect on the use of AI in high risk contexts like public security.
Alongside EBIA, there are several bills addressing AI regulation in the Brazilian National Congress. One notable example is PL 2338/2023, whose text resulted from months of work by the Commission of Jurists responsible for providing input for the elaboration of a substitute bill on artificial intelligence in Brazil (CJSUBIA), filed by Senator Rodrigo Pacheco in May 2023.
Given this scenario, the project aims to advance research and advocacy related to AI regulation in Brazil, with the objective of informing and assisting the Brazilian legislative process and public awareness concerning this technology, in favor of responsible innovation that protects human rights.
Our argument is that the Brazilian regulatory proposal, focusing on PL 2338 of 2023, should both differentiate itself and align with international experiences by:
- not being a mere legal transplant of the ongoing international and European regulation discussions, although influenced by them; and,
- directly converging with other proposals worldwide, such as those from Canada, the European Union, the OECD, and UNESCO.