IMPLEMENTAÇÃO E USO RESPONSÁVEL DE SISTEMAS DE INTELIGÊNCIA ARTIFICIAL NO BRASIL - ANÁLISE DA PL 2338/2023

Abstract

This study analyzes the regulation of artificial intelligence (AI) from a legal perspective, considering the risks arising from the absence of a specific regulatory framework in Brazil and examining Bill No. 2338/2023 in light of international best practices. It first discusses the impacts of regulatory gaps, highlighting legal, social, and economic implications, as well as the importance of human oversight in automated decision-making. Then, it examines the main provisions of Bill No. 2338/2023, emphasizing the mandatory algorithmic impact assessment and the adoption of technical measures to ensure the explainability of results. Subsequently, it conducts a comparative analysis with the European AI Act, identifying convergences and divergences in terms of risk classification, transparency obligations, enforcement, and sanctions. The research shows that, although the Brazilian bill aligns with international principles, it lacks sufficient technical detail to ensure its effectiveness. It concludes that adopting a balanced, flexible, and updated regulatory framework is essential to ensure the ethical, safe, and socially responsible use of AI, in order to protect fundamental rights, foster innovation, and strengthen legal certainty in the country.