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Partner at Pellon de Lima Advogados and MEF Board Member Rafa Pellon shares an update on new regulatory measures under discussion in Brazil regarding the deployment of Artificial Intelligence systems in the country.

Last week, the Senate Commission in charge of evaluating the bills of law proposing the regulation of artificial intelligence in Brazil presented its 900-page report on the matter to the President of the Senate.

Alongside propositions to substitute the current bills of law for a new one with focus on base principles & accountability the report suggests the creation of a government body to oversee the use of AI applications on industries that it deems risky to the public, such as autonomous vehicles, healthcare and biometric identification.

“It’s objective is to balance an approach based upon risks with a regulatory modeling based upon rights. At the same time that it predicts governance tools for accountability and recognition of good faith of the economic agents that manage well the liabilities arising from the conception and implementation of artificial intelligence systems, there is also a strong obligational framework to support the individual e social scrutiny on such systems”, details the report. 

On the principles enlisted on the new wording for the suggested bill of law, there is the obligation to center any application on an humanistic approach, the respect to human rights and democratic values, equality of treatment, non discrimination practices, plurality of view and labor rights, the focus on technologic development and innovation with respect to data privacy and the informative self determination.

The report presented to the Senate will now be evaluated by its legislative technicians and be presented to the senators after the beginning of the new legislative year that will begin in late February, 2023.

It is expected that the suggested bill of law will get a new legislative sponsor and be presented on the Senate commissions that would evaluate and modify it accordingly before it reaches the floor for a final vote.

It could be a couple of years more before Brazil has a bill regulating the development of AI systems and applications, but the human centric approach so far is key for the discussions to come, respecting the culture of technology regulation already in place in the country, with the Civil Rights Framework for the Internet and General Data Privacy Law, both enacted in the past 5 years in the country. 

Rafa Pellon

Partner of Pellon de Lima Advogados – MEF Board Member

  

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