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Brazil: Senate considers bill on regulating AI

The Brazilian Senate announced, on 12 May 2023, that it will analyse Bill No. 2338 of 2023 to regulate artificial intelligence ('AI') systems in Brazil. In particular, the Senate highlighted that the bill creates rules for making intelligence systems available in Brazil, establishes rights for people affected by their operation, and provides for penalties for violations, as well as information regarding the supervising body.

More specifically, the bill specifies requirements for the operation of AI systems in Brazil, including a requirement that such systems undergo a preliminary assessment carried out by the suppliers themselves, in order to determine whether they can be classified as being of high or excessive risk. To this end, the bill outlines systems that will be considered high risk, namely those that will be used for activities, such as:

  • credit rating;
  • identification of persons;
  • administration of justice;
  • implementation of autonomous vehicles;
  • medical diagnoses and procedures;
  • decision-making about access to employment, education, or essential public and private services;
  • evaluation of students and workers;
  • management of critical infrastructure, such as traffic control and water and electricity supply networks; and
  • individual assessment of the risk of committing crimes and personality traits and criminal behaviour.

On the above, the bill provides specific requirements for high-risk systems, including a mandatory algorithmic impact assessment. More generally, the bill also provides restrictions on how AI can be used, noting that the same cannot be used for subliminal techniques to induce people to behave in a way that is harmful or dangerous to their own health and safety; nor may it exploit specific group vulnerabilities, such as those associated with age or disability, to induce harmful behaviour.

In regard to individual rights, the bill highlights that individuals must be provided with the right to:

  • contest and request explanations on decisions made by these systems;
  • request human participation in the decisions of these systems in certain situations;
  • obtain information about its functioning; and
  • not to be discriminated against and request correction of discriminatory bias.

Furthermore, the bill stipulates that AI systems must adhere to transparency requirements, namely whenever such systems are used, individuals must be informed.

You can read the bill here and track its progress here, both only available in Portuguese.