Artificial intelligence is reshaping societies worldwide, and Brazil stands at a pivotal moment regarding its regulation, adoption, and integration into the legal system. As Latin America’s largest country, Brazil faces unique challenges: a diverse population, deep economic contrasts, and a rapidly evolving technological landscape. The national conversation about AI blends aspirations for innovation with the imperative to safeguard fundamental rights.
The Legislative Landscape: Foundations and Current Efforts
Brazilian lawmakers began discussing the legal implications of AI in earnest in the late 2010s. In 2020, the National Congress established a dedicated Committee on Artificial Intelligence to study, debate, and propose frameworks for responsible AI development. This committee drew from international experiences—including the European Union’s AI Act and OECD principles—while acknowledging Brazil’s specific context.
In September 2021, the Chamber of Deputies approved Bill 21/2020, known as the “Legal Framework for Artificial Intelligence.” This bill aims to establish general principles and guidelines for the development and use of AI in Brazil. Key provisions emphasize:
- Respect for human rights and democratic values
- Transparency and explainability of AI systems
- Data protection and privacy
- Fairness, non-discrimination, and accountability
While this legislative effort marks a significant step forward, it is only the beginning. The bill now awaits further scrutiny and possible amendments in the Federal Senate. Legal scholars and civil society organizations continue to advocate for more robust mechanisms to guarantee transparency and redress for individuals affected by AI-driven decisions.
“Brazilian society is at a crossroads: we must harness AI’s full potential while ensuring it serves the public good and respects the diversity of our people.” — Dr. Mariana Valente, InternetLab
Regulatory Agencies and Institutional Initiatives
Several Brazilian institutions have taken proactive measures to address AI’s challenges and opportunities. The National Data Protection Authority (ANPD), established in 2018, plays a central role, particularly in interpreting how Brazil’s General Data Protection Law (LGPD) applies to automated decision-making and profiling.
National AI Strategy (Estratégia Brasileira de Inteligência Artificial)
In 2021, the Ministry of Science, Technology and Innovations (MCTI) launched the “Brazilian Artificial Intelligence Strategy” (EBIA). This comprehensive policy document sets forth guiding principles for responsible AI development, articulating ambitions in education, research, ethics, and industrial innovation. The strategy recognizes the need for:
- Promoting interdisciplinary AI research and workforce development
- Fostering international cooperation
- Ensuring ethical, transparent, and human-centered AI applications
Education and capacity building are particularly emphasized, reflecting concerns about digital inclusion and the risk of widening socio-economic inequalities. Initiatives include public-private partnerships to train students and professionals, as well as programs to increase access to computing resources in underserved regions.
Sector-Specific Guidelines: Health, Justice, and Finance
AI is already transforming key sectors in Brazil. The National Health Surveillance Agency (ANVISA) is working on guidelines for the use of AI in medical devices and diagnostics. In the judiciary, several courts have piloted AI systems for case management, document analysis, and even predicting case outcomes, aiming to alleviate chronic backlogs.
At the same time, regulators remain cautious. The Central Bank of Brazil has issued guidance for financial institutions deploying AI in credit scoring, anti-money laundering, and customer service, underscoring the necessity of explainability and risk management. As the financial sector digitizes, ensuring consumer protection and algorithmic fairness is paramount.
Challenges Unique to the Brazilian Context
Brazil’s approach to AI regulation cannot simply replicate models from Europe or North America. The country’s legal pluralism, regional disparities, and historical inequalities demand tailored solutions. For instance, language and dialectal variation pose significant technical hurdles for natural language processing models, especially in legal and governmental contexts.
Another challenge is the digital divide. While Brazil boasts vibrant tech hubs in São Paulo and Florianópolis, many rural areas and peripheral urban communities still lack reliable internet access and digital literacy. Policymakers must ensure that AI-driven public services are accessible and do not exacerbate exclusion.
“Inclusion is not just about access to technology, but about meaningful participation in shaping how AI is designed and used.” — Prof. Ronaldo Lemos, ITS Rio
Data Sovereignty and Local Innovation
Brazilian legislators are acutely aware of the global concentration of AI expertise and infrastructure among a handful of multinational corporations. There is an ongoing debate over data sovereignty: the notion that data produced by Brazilian citizens and entities should be stored and processed locally, subject to national laws. Some proposals suggest requiring certain categories of sensitive data to remain within national borders, a stance echoed in other emerging economies.
At the same time, Brazil is nurturing a growing ecosystem of AI startups and academic research groups. Government grants and innovation hubs are supporting projects in agriculture, energy, and urban mobility, fields where AI can address pressing national challenges.
Ethics and Human Rights Considerations
The integration of AI into Brazilian law is inseparable from the country’s constitutional commitment to human dignity, equality, and social justice. Civil society organizations have been vocal in demanding that AI regulation explicitly address risks such as:
- Algorithmic bias and discrimination, particularly against marginalized populations
- Surveillance and threats to privacy
- Lack of transparency in governmental use of AI, especially in policing and public administration
Brazilian courts are already encountering cases involving automated decisions, from social benefits allocation to criminal sentencing. These cases highlight the urgent need for clear legal standards on explainability, contestability, and access to effective remedies.
Transparency is not simply a technical requirement but a fundamental democratic value. Several advocacy groups, such as InternetLab and Data Privacy Brasil, are working to ensure that public institutions provide meaningful information about how AI systems operate and affect citizens’ lives.
International Cooperation and Regional Leadership
Brazil is actively seeking to position itself as a regional leader in AI governance. It participates in multilateral forums such as UNESCO, the OECD, and Mercosur, contributing to the development of global norms. The government has also expressed interest in harmonizing AI standards across Latin America, recognizing the cross-border nature of digital technologies.
Given Brazil’s size and influence, its regulatory choices will likely set precedents for neighboring countries. By fostering dialogue between lawmakers, researchers, industry, and civil society, Brazil aims to build a framework that balances innovation and rights protection.
Looking Ahead: Open Questions and Ongoing Debates
As Brazil’s AI legislation evolves, some crucial debates remain unresolved:
- Should the law impose strict liability for harm caused by autonomous systems, or adopt a more flexible approach?
- How can regulatory frameworks keep pace with technological change without stifling creativity and economic growth?
- What role should public participation play in the development and oversight of government-deployed AI?
There is also a lively discussion about the best institutional architecture for AI governance. Some experts advocate for a dedicated regulatory authority, while others argue that existing bodies (like the ANPD and sectoral regulators) should share responsibility according to their mandates.
Whatever path Brazil takes, the process itself is fostering a culture of public deliberation about the values and priorities that should guide the digital transformation. This participatory approach, marked by consultation and transparency, may become one of the country’s most significant contributions to the global conversation on AI ethics and law.
“We are not just importing technology—we are deciding, as a society, what kind of future we want to build with it.” — Ana Paula Bialer, technology policy advisor
Conclusion
Brazilians are crafting a distinctive approach to AI legislation. The interplay of innovation and rights protection, the engagement of civil society, and the recognition of Brazil’s unique socio-economic fabric are shaping a legal framework that aspires to serve both national interests and universal human values. As the country continues this journey, its experience offers valuable lessons for other nations grappling with the promises and perils of artificial intelligence.
