Japan’s House of Representatives approved, at the end of April, the first bill regulating Artificial Intelligence in the country. AI regulation is a topic that drives discussions in legislatures around the world, with different strategies in different countries. According to UNESCO, since 2016, more than thirty nations have created AI-focused laws.
“In the case of the Japanese bill, the text does not foresee penalties, to avoid hindering technological innovation and prioritize attracting investments to the field. Thus, to mitigate the risks of the technology for the population, existing laws and regulations, such as the Penal Code, will be used,” explains Dr. Patrícia Peck, a specialist in Digital Law and CEO of Peck Advogados.
The lawyer also summarizes the legislation on the topic that is in effect and makes comparisons. “In 2024, the European Union approved the AI Act, a more comprehensive regulation, which is coming into force in stages. At the beginning of the year, prohibitions on certain AI systems and requirements related to AI literacy came into effect. In August, the parts related to five other areas will come into force, with governance and penalties standing out. Since then, we can already observe investments by large companies in employee education.”
Regarding the US and China, the lawyer adds: “Although they do not have a federal law yet, the US already has sectoral regulations and White House guidelines. China, on the other hand, has a highly regulatory model, focusing on national security, regulation of recommendation algorithms, and the use of generative AI.”
Regarding the European Union’s regulatory model, Patrícia Peck highlights the intention to provide robust protection. “The text creates strict rules for sensitive uses of AI, which prevents excesses in lower-threat applications. In cases of high risk, the law foresees obligations of transparency, explainability, and independent audits as central requirements. Additionally, the text also includes a mechanism for periodic review, which can keep the law updated over time,” she details.
Regulation in Brazil
Regarding Brazil, the expert cites Bill 2338/2023, which is under review in the Senate and aims to create a legal framework for AI use. “The bill regulating Artificial Intelligence faces challenges, such as the possibility of major technology companies influencing the process, the risk of the legislation delaying the development of new technologies, and becoming obsolete quickly. However, it is based on principles such as respect for Human Rights, non-discrimination, transparency, security, accountability, and enforcement,” she details.
According to the lawyer, Brazil’s approach to AI regulation is risk-based, similar to the European Union’s model. “The bill proposes stricter rules for high-risk AI applications, such as facial recognition and automated judicial decisions, which is a positive point for the population,” she explains.
Highlighting other positive aspects, the expert emphasizes public participation in drafting the bill—which included experts, academia, and the private sector—and the encouragement of innovation and technological development in the country. “The involvement of regulatory bodies is necessary so they can contribute with a sectoral view of technology use,” she stresses.
However, Patrícia Peck explains that the text could be more precise. “The text is excessively general; some critics point out that the law is too vague on crucial points, which may hinder its application. Additionally, the framework could quickly become outdated, given the rapid advancement of technologies,” she details.
Lastly, if approved, the text could also spark other debates. “There are doubts about the structure and resources of the institutions that will be responsible for monitoring and enforcing the law,” the lawyer emphasizes.
