Last week, Brazil took a significant step on the global technology stage 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 foster innovation and ensure ethical and responsible use.
According to Dr. Patricia Peck, an expert 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 the development of AI in a sovereign, ethical, and sustainable manner, 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 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, particularly in defining a viable model that allows for the Protection of Intellectual Property while balancing the stimulation of AI acceleration.
"Gaps in the Bill or its excessive regulation can generate legal uncertainty and economic impacts, devalue intangible assets, and compromise innovation. The alignment between strategy and regulation is crucial to strengthen technological sovereignty and boost the national AI ecosystem. The law needs to be just right," 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 the areas of health and education;
- · Planning an investment of R$ 23 billion by 2028, from various sources, including credit, public funds, and private investment counterparts;
- · Creating competitive advantages from the Brazilian energy matrix, which is predominantly clean (89.2% renewable in 2023), enabling the development of sustainable AI, as well as a growing innovation ecosystem, a young population with high technology adoption rates, and extensive national databases in sectors such as health and agriculture.
"Despite these advantages, the country also faces challenges, such as the need to increase investments in research and development (R&D), implement state-of-the-art digital and computational infrastructure (including high-performance supercomputers and next-generation data centers), ensure interoperability and data access, and intensify the training and retraining of the AI workforce," emphasizes the expert.
