Last week, Brazil took an important step in the global technological scene with the publication of the final version of the Brazilian Artificial Intelligence Plan (PBIA), a strategic initiative of the National Council for Science and Technology (CCT) that outlines the guidelines for the development and regulation of AI, aiming to drive innovation and ensure ethical and responsible use.
According to Dr. Patricia Peck, a specialist in Digital Law and CEO of Peck Advogados, the plan and the Legal Framework for Artificial Intelligence (Bill 2338/2023) are complementary and interdependent. “While the PBIA establishes the strategic guidelines and priorities for developing AI in a sovereign, ethical, and sustainable manner, functioning as a roadmap for government and sectoral actions, the Bill seeks to create the legal and regulatory framework for AI, establishing principles, rights, and duties for its responsible development and use in the country,” she explains.
In this context, it is essential that the Regulatory Framework is aligned with the PBIA, especially in defining a viable model that allows for Intellectual Property Protection in balance with the encouragement of AI acceleration.
“Gaps in the Bill or excessive regulation can generate legal uncertainty and economic impacts, devalue intangible assets, and compromise innovation. Alignment between strategy and regulation is crucial to strengthen technological sovereignty and drive the national AI ecosystem. The law needs to be just right,” warns the lawyer.
According to Patricia, the document stands out for:
· Seeking to make Brazil a global model of efficiency and innovation in the sustainable use of AI, developing national solutions that reflect the values, priorities, and challenges of the country, focusing on the well-being of the Brazilian population and social inclusion, especially in the areas of health and education;
- Foresee an investment of R$ 23 billion by 2028, coming from various sources, including credit, public resources, and private investment counterpart;
- Create competitive advantages from the predominantly clean Brazilian energy matrix (89.2% renewable in 2023), which allows the development of sustainable AI, as well as a growing innovation ecosystem, a young population with high technology adoption, and extensive national databases in sectors such as health and agriculture.
“Despite the advantages, the country also faces challenges, such as the need to expand investments in research and development (R&D), implement cutting-edge digital and computational infrastructure (including high-performance supercomputers and state-of-the-art data centers), ensure interoperability and access to data, and intensify training and retraining of AI workforce,” emphasizes the expert.
