Last week, Brazil took an important step in the global technological landscape with the publication of the final version of the Brazilian Artificial Intelligence Plan (PBIA), a strategic initiative by the National Council for Science and Technology (CCT) that outlines 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 strategic guidelines and priorities for sovereign, ethical, and sustainable AI development, functioning as a roadmap for governmental and sectoral actions, the bill seeks to create the legal and regulatory framework for AI, establishing principles, rights, and duties for responsible development and use in the country,’ she explains.
In this context, it is essential that the Regulatory Framework aligns with the PBIA, particularly in defining a viable model that allows Intellectual Property Protection while balancing the stimulation of AI acceleration.
‘Gaps in the bill or excessive regulation can create legal uncertainty and economic impacts, devalue intangible assets, and compromise innovation. Alignment between strategy and regulation is crucial to strengthen technological sovereignty and boost the national AI ecosystem. The law needs to strike the right balance,’ warns the lawyer.
According to Patricia, the document stands out for:
· Aiming to make Brazil a global model of efficiency and innovation in the sustainable use of AI, developing national solutions that reflect the country’s values, priorities, and challenges, focusing on the well-being of the Brazilian population and social inclusion, especially in health and education;
- Projecting an investment of R$ 23 billion by 2028, from various sources, including credit, public funds, and private investment counterparts;
- Creating competitive advantages from Brazil’s energy matrix, predominantly clean (89.2% renewable in 2023), which enables sustainable AI development, as well as a growing innovation ecosystem, a young population with high technology adoption, and extensive national datasets in sectors like health and agriculture.
“Despite these 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 next-generation data centers), ensure interoperability and data access, and intensify training and upskilling of the AI workforce,’ highlights the expert.
