Article | AI with Rights | Digital Platforms and Markets

Public note on the presentation of the Artificial Intelligence Bill

by Rafael Zanatta e Bruno Bioni

Data Privacy Brazil welcomes the initiative of Senator Rodrigo Pacheco to present Bill No. 2338/2023 on May 3, 2023. The bill, which addresses the use of Artificial Intelligence, is the result of extensive work by the Commission of Jurists carried out in 2022, having received more than 100 suggestions from stakeholders, multisectoral public hearings, and international seminars with leading researchers in the fields of computer science, philosophy, sociology, and law.

Data Privacy Brazil praises the choice of strong legislation focused on rights and the regulation of the high risks posed to natural persons, who are the most vulnerable link in the rapid expansion of Artificial Intelligence systems in Brazil and around the world. “Brazil now has a regulatory proposal that avoids the trap of false trade-offs – mutually exclusive choices – such as the idea that regulation would stifle innovation. In line with the European Union, the United States, Canada, UNESCO, and the Organization for Economic Cooperation and Development/OECD, we join a global movement advocating for the need for clear, concrete governance parameters to ensure AI systems are implemented responsibly and do not short-circuit our lives,” says Bruno Bioni, director of the NGO and one of the members of the Commission of Jurists.

It is essential to have legislation that balances economic development with the protection of fundamental rights. We believe that the bill moves in this direction and advances in the categorization of Artificial Intelligence risks, a key element for the effective protection of rights. In this regard, high-risk applications are subject to stricter control measures.

This dynamic and more sophisticated risk assessment system, which serves as a calibration oriented toward fundamental rights, provides important contributions to the protection system for individuals, particularly by maintaining civil liability when AI systems could produce high or excessive risks. The bill continues a tradition of legal protection for vulnerable parties, as seen in the 1990 Consumer Protection Code.

Furthermore, we commend the definition of protective measures against discrimination through various instruments, such as direct and indirect discriminatory biases, including proxy discrimination. This approach is in line with the 2022 Inter-American Convention Against Racism and the protection of vulnerable groups.

We hope that Bill No. 2338/2023 can be adequately discussed with Brazilian society and that the National Congress will choose to prioritize the protection of fundamental rights, considering the existing inequalities and oppressions in Brazil.

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