Aspects Protected by the Federal Constitution

Although the term “artificial intelligence” is not explicitly mentioned in the 1988 Federal Constitution, some articles can be interpreted as covering the subject, such as Article 5, Item VII, Article 7, Item XXIX and Article 170, Item VIII.

The first of these guarantees the right to freedom of expression, communication and information, including access to information and public data. This guarantee is fundamental to the development of AI, as it allows researchers and companies to access the data needed to train algorithms.

Free access to information and public data, guaranteed by Article 5, VII, is crucial for the development of AI. Researchers and companies depend on this data to train algorithms, improve models and drive technological innovation.

Opening up data, however, needs to be accompanied by transparency and accountability mechanisms. It is essential that the origin, quality and use of data are public and traceable, in order to avoid bias, discrimination and other harms.

The second, on the other hand, protects workers against exploitation, unmotivated termination of employment, arbitrary and untimely dismissal, and the reduction of wages, except in cases provided for by law or contract. This protection is essential to ensure that workers are not disadvantaged by the automation of tasks.

It is clear that the automation of tasks driven by AI can have an impact on the labor market. Article 7, XXIX, guarantees workers protection against exploitation and unmotivated terminations, ensuring that the transition to the new reality is fair and inclusive.

The focus should be on developing technical, social and creative skills that complement AI capabilities

Therefore, investing in retraining and educating workers is essential to adapt them to the changing demands of the market. The focus should be on developing technical, social and creative skills that complement AI capabilities, in order to make workers more competitive and prepared for the future.

The third and final mention establishes that “Scientific, technological and social research and development is free, except for research that compromises the honor, privacy and image of people and that is not subject to democratic control in its realization and application.” This guarantee is essential to ensure freedom of research in the area of AI, respecting ethical principles and social responsibility.

Article 170, VIII, guarantees freedom of scientific, technological and social research, driving the development of AI in Brazil. This freedom is essential for stimulating creativity and generating new knowledge in the field.

In this sense, however, freedom of research must be exercised ethically and responsibly. It is crucial to establish ethical principles to guide the development of AI, ensuring that it is used for the good of society and does not cause harm or violate rights.

The Importance of Regulating Artificial Intelligence in Brazil: Guaranteeing an Ethical and Sustainable Future

Artificial intelligence (AI) is one of the most disruptive technologies of the modern age, with the potential to profoundly transform various sectors of Brazilian society. However, the development and use of this technology requires caution and responsibility, making the regulation of AI a crucial issue for the country’s future.

The absence of a specific legal framework for AI creates legal uncertainty and risks for society. The regulation of AI is fundamental to guaranteeing the safety and reliability of AI systems: Establishing criteria for the development, implementation and use of AI systems, minimizing the risks of failures, errors and algorithmic biases.

In addition, legislative innovations will be able to guarantee the protection of human rights and privacy, promote ethics and responsibility in the use of AI and stimulate innovation and the development of AI itself, by creating a favorable environment for investment in research and development, boosting the competitiveness of Brazilian companies in the global market.

The regulation of AI is an opportunity for Brazil to position itself as a global leader in the responsible and democratic use of this technology, promoting social well-being, economic development and social inclusion. Through a solid and balanced legal framework, we can ensure that AI is a force for good, driving Brazil’s progress in an ethical and sustainable way.

Bills currently in the pipeline

Several bills are currently before Congress with the aim of regulating AI in Brazil. Among the main ones is Bill 2338/2023 (Federal Senate), which was presented by the President of the Senate, Rodrigo Pacheco, and brings together various bills on the subject. This bill establishes principles such as transparency, security, reliability, data protection, respect for ethics and human rights.

It also creates the National Agency for Artificial Intelligence (ANIA) to coordinate public policies and supervise the use of AI, defines different levels of risk for AI systems, with specific requirements for each level, and prohibits the use of AI for discriminatory, illegal or human rights violating purposes.

There is also Bill no. 759/2023, which also regulates AI systems in Brazil and determines the creation of a National Artificial Intelligence Policy by the Executive Branch.

It defines principles such as transparency, security, reliability, protection of privacy, personal data and copyright, establishes mandatory impact assessments for high-risk AI systems and creates control and inspection mechanisms for the use of AI.

We believe in course correction points

However, there are flaws in the bill that need to be corrected, such as the lack of a clear and comprehensive definition of what is considered artificial intelligence. This lack of clarity could lead to legal uncertainty and make it difficult to apply the law.

Another critical point refers to the excessive bureaucratization of projects, since they propose the creation of various bodies and control mechanisms, which can generate excessive bureaucracy and hinder the development and implementation of new AI technologies.

And there is still a lack of sensitivity to the specificities of the Brazilian context, such as the country’s socio-economic, cultural and legal reality.

Of course, all these critical points are easy to solve, as long as they are under the watchful eye of the legislator when modifying and amending the bills on the table.

Impacts of AI regulation

The regulation of AI in Brazil has the potential to generate various political, economic, social and technological impacts, among which we can highlight some of the topics below.

In the field of public policy, there has been a greater focus on and investment in AI research and development in the country, the promotion of ethics and responsibility in the use of AI by the public sector and greater transparency and accountability in decision-making involving AI.

Another pillar of support to be fostered is the economy, which will stimulate innovation and the development of new AI-based products and services, increase the competitiveness of Brazilian companies in the global market and create new job opportunities in AI-related areas, requiring investment in retraining the workforce.

In the social field, it is possible to see, at first, the reduction of potential risks and harms associated with the use of AI, such as discrimination, algorithmic biases and disinformation, the promotion of social inclusion and equitable access to the benefits of AI and the strengthening of democracy and human rights in the digital age, demanding new forms of social participation and democratic control over technology.

Finally, in the field of developing the technologies themselves, there has been the emergence of more secure, reliable and transparent AI systems, the promotion of research and development of AI solutions adapted to the Brazilian reality, taking into account the country’s social, economic and cultural specificities, and the creation of an environment conducive to collaboration between different stakeholders in the AI ecosystem in Brazil, including researchers, companies, government and civil society.

Brazil’s legal framework needs to adapt to the new technological reality

Artificial intelligence has enormous potential to transform Brazil. However, it is essential that the development and use of AI is accompanied by adequate regulation. The Brazilian legal framework needs to adapt to the new technological reality, guaranteeing ethics, responsibility and respect for human rights. The regulation of AI is an opportunity for Brazil to position itself as a global leader in the responsible and democratic use of this technology, promoting social well-being, economic development and social inclusion.