One bill which aims regulate the use of Artificial Intelligence in Brazil advanced in the Brazilian Congress. This is PL 21/2020, which aims to create a Regulatory Framework regarding the topic that gains more strength over time. In that sense, it was approved in September 2021 after being accelerated and has since been waiting for a vote in the Federal Senate.
It is worth mentioning that the project received several additions after a commission of jurists related to the subject was created. Thus, the focus of this project is to prevent the basic rights of users who have contact with AI from being violated. Rodolfo Tanamaha is a partner of Madrona Advogados and analyzes some points about the question:
Her problem is that, if you define it very narrowly, companies with AI technology that don’t qualify can be outside of regulation. But if it is too broad, it becomes difficult, it can affect technologies that are not necessarily AI
Tanamaha explained about the final text that was submitted, and although it was successful in his view, criticisms still need to be made. Now, in relation to people’s rights, he highlights the project’s initiative in avoiding the adoption of racially prejudiced practices, for example. Regarding the Brazilian reality, the lawyer adds:
We are not technology developers, we are consumers. We have a strong digital presence, but even though we have a large layer of service providers, we have not created these technologies, networks, the base. Lack of incentives for the development and use of national tools, encourage this technology in Brazil
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AlphaCode’s CEO, Rafael Franco, understands that the text of the project does not very well define what artificial intelligence is. In addition, he claims that it is necessary to consider people’s rights without leaving Brazilian industry aside, to avoid dependence on more advanced countries in the matter.
iCertus is another company that often uses AI in its operations. Its CEO, Fábio Leger, points out the lack of more basic regulations and how the government acts on the matter:
I believe so, there must be a limit, because artificial intelligence can come for good and for bad, and the detail is how to distinguish that. But the fear is that this project ends up putting the country behind. Today, technology is the new oil, there is a qualified workforce in Brazil but our talents are all going abroad
The debate on this subject is not new, as you can see. In any case, the text must continue to be analyzed in order to finally be voted on and sent back to the Chamber. Thus, she can approve or reject the changes.
