Artificial Intelligence: Brazilian Senate approves a Bill for its regulation
By Paula Galván and Candela Basilotta
On December 10, 2024, the Brazilian Senate approved Bill 2.338/2023, introduced by Senator Carlos Eduardo Torres Gomes of the Liberal Party. This initiative aims to establish a regulatory framework for the use of artificial intelligence (“AI”) systems, taking the European Union’s AI Act as a reference.
The Brazilian bill seeks to create a common framework for the use and distribution of AI systems based on the risks they pose to individual rights. As part of this approach, it classifies AI systems into categories such as “high-risk systems,” which must meet specific technical and documentation requirements, and “excessive-risk systems,” whose development and use would be prohibited.
For the bill to move forward, it must be reviewed by the Chamber of Deputies. If approved without modifications, it will be forwarded to the Executive Branch for further analysis. If changes are introduced, the bill must return to the Senate for review before proceeding in the legislative process.
This bill is the first in the region to comprehensively regulate the general use of AI systems. Meanwhile, on February 26 of this year, El Salvador approved the Law for the Promotion of Artificial Intelligence and Technologies, which is still pending publication in the Official Gazette. Unlike its Brazilian counterpart, this law focuses on promoting the development and integration of AI in strategic sectors such as energy, healthcare, security, and transportation.
Other countries, including Chile, Colombia, Mexico, and Peru, have introduced similar initiatives to those in Brazil and El Salvador. Despite this, they have yet to be approved. In Argentina, in addition to legislative proposals aligned with the models described above, there are also initiatives that address specific aspects, such as the application AI in education or the use of AI-based tools for committing crimes. However, Argentina does not yet have specific regulations establishing a general framework for the development and use of artificial intelligence.
For further information please contact pgalvan@ojambf.com or cbasilotta@ojambf.com
