Bill milestone in the Brazilian debate
Posted: Wed Feb 19, 2025 10:53 am
Bill 2338/2023, currently being processed in the Federal Senate, represents the most recent and advanced legislative effort to regulate the use of Artificial Intelligence in Brazil.
This project was born as an evolution of previous proposals , such as PL 21/2020 , which was widely criticized for its excessively theoretical nature and for not effectively addressing the practical issues of governance, security and accountability.
To overcome these limitations, the Senate established an Internal Temporary Committee on Artificial Intelligence in Brazil, tasked with reviewing the original text and drafting a substitute that could better respond to the country's social and technological demands, resulting in the formulation of the current project.
The main merit of Bill 2338/2023 is to seek a balance between the belgium mobile database risk-based regulatory approach and the protection of citizens' fundamental rights. This means that, in addition to proposing general guidelines for the responsible use of AI, the bill also includes specific tools to assess risks, predict impacts and promote transparency in practices related to the use of this technology.
As a result, the legislation now offers a greater level of legal certainty and predictability for companies and organizations that already use or intend to adopt AI solutions in their operations.
Despite significant progress, the text still faces criticism and points that require improvement. One concern is regarding the definition of usage limits for high-risk technologies, such as facial recognition systems . The project still needs to mature in terms of clarity about which applications are acceptable and which should be limited or even banned.
Main advances of PL 2338/2023
One of the most important points of the bill is its focus on protecting fundamental rights. The text advances by including mechanisms that ensure citizens’ privacy and autonomy, expanding the rights to transparency and allowing the contestation of automated decisions. In this way, anyone impacted by an AI system will have the right to understand how decisions were made and to question results that they consider harmful or unfair.
This project was born as an evolution of previous proposals , such as PL 21/2020 , which was widely criticized for its excessively theoretical nature and for not effectively addressing the practical issues of governance, security and accountability.
To overcome these limitations, the Senate established an Internal Temporary Committee on Artificial Intelligence in Brazil, tasked with reviewing the original text and drafting a substitute that could better respond to the country's social and technological demands, resulting in the formulation of the current project.
The main merit of Bill 2338/2023 is to seek a balance between the belgium mobile database risk-based regulatory approach and the protection of citizens' fundamental rights. This means that, in addition to proposing general guidelines for the responsible use of AI, the bill also includes specific tools to assess risks, predict impacts and promote transparency in practices related to the use of this technology.
As a result, the legislation now offers a greater level of legal certainty and predictability for companies and organizations that already use or intend to adopt AI solutions in their operations.
Despite significant progress, the text still faces criticism and points that require improvement. One concern is regarding the definition of usage limits for high-risk technologies, such as facial recognition systems . The project still needs to mature in terms of clarity about which applications are acceptable and which should be limited or even banned.
Main advances of PL 2338/2023
One of the most important points of the bill is its focus on protecting fundamental rights. The text advances by including mechanisms that ensure citizens’ privacy and autonomy, expanding the rights to transparency and allowing the contestation of automated decisions. In this way, anyone impacted by an AI system will have the right to understand how decisions were made and to question results that they consider harmful or unfair.