On May 3rd, 2023, Senator Rodrigo Pacheco (PSD / MG) introduced in the Senate Bill of Law 2338/2023, which provides for the use of Artificial Intelligence (AI) in Brazil.
Under the terms of its Justification, PL 2338/2023 seeks to reconcile "the protection of fundamental rights and freedoms, the valorization of work and of human dignity and the technological innovation represented by artificial intelligence." For that purpose, the recent impact of the development and popularization of AI technologies on various human activities, as well as the possible and profound economic and social changes that may occur in the near future, were taken into account.
PL 2338/2023 is structured in chapters on the following topics:
- the rights of people affected by AI systems, highlighting proper access to information and adequate understanding of the decisions made by AI systems; contesting automated decisions and requesting human intervention; non-discrimination and correction of discriminatory biases;
- categorization of risks, including requirement of preliminary assessment by the supplier, prohibition of excessive risk applications, strict control for high risk applications, according to the definitions presented;
- governance, for accountability by development agents and users of AI and mitigation of biases;
- civil liability, including exclusions of liability;
- codes of good practice and governance;
- reporting of serious incidents;
- supervision and enforcement.
Historical context
Prior to PL 2338/2023, three bills on Artificial Intelligence were being processed: (i) PL 5051/2019, which establishes the principles for the use of AI in Brazil; (ii) PL 872/2021, on the use of AI, both sponsored by Senators; and (iii) PL 21/2020, proposing foundations, principles and guidelines for the development and application of AI in Brazil, approved by the Chamber of Deputies.
In February 2022, a Commission of Jurists was formed to draft a substitute proposal to replace those three bills. The new bill of law, therefore, is based on the conclusions of the Commission of Jurists released on December 6th, 2022, resulting from a series of public hearings and an international seminar, events of which took part not only government representatives, but also members of the organized civil society, of the private sector and of the academia. Furthermore, over one hundred written statements from stakeholders also contributed to the Commissions report, alongside a study, by the Legislative Consultancy of the Senate, on the regulation of AI in more than 30 countries of the Organisation for Economic Co-operation and Development (OECD).
Next steps
PL 2338/2023 is awaiting dispatch for publication and further processing in the Senate. Subsequently, it will be examined by the Chamber of Deputies (reviewing house) and, finally, after the legislative procedures, it will be forwarded to presidential sanction.
The Technology, Media and Telecommunications team of Azevedo Sette Advogados follows up on the development of this subject and is available for clarifications and contributions on the matter.