The Brazilian Association of Artificial Intelligence and E-commerce (ABIACOM) sent an open letter to the National Congress expressing deep concern about the impact of Bill No. 2338/2023, a text that should be voted on soon and establishes rules for the use of artificial intelligence systems in the country.
Representing the productive sector, which drives the digital economy and Brazilian retail, the entity recognizes the importance of a modern regulatory framework that ensures fundamental rights. However, it points out that the current wording of the PL creates severe barriers to the operation of companies, especially Small and Medium-sized Enterprises (SMEs), which could discourage innovation and reduce the generation of formal jobs.
In the document sent to parliamentarians, ABIACOM warns that articles 35 and 36, by establishing objective and joint liability between AI developers and operators, place small business owners at high legal risk. "In practice, a small retailer that only uses a contracted AI tool can be held fully responsible for technological failures that are beyond its control. This legal risk makes its use by SMEs unfeasible and slows down hiring", says Fernando Mansano, president of ABIACOM.
The letter also criticizes the transparency requirements set out in the text. For the entity, it is technically impossible to require companies that use AI to offer detailed explanations about systems to which they do not have internal access. "The project ignores the reality of the global innovation chain. Most companies use AI via API, without technical mastery over its architecture. Demanding absolute transparency from those who just 'rent' the technology creates insecurity and discourages the use of AI in the country", highlights Mansano.
Another point of concern is the compliance costs foreseen by the proposal, considered prohibitive for startups and SMEs. Independent audits, risk assessments and reliability tests would be unfeasible for most Brazilian companies. "Without differentiated treatment for startups and SMEs, Brazil will end up creating an involuntary market reserve for large international corporations. National entrepreneurs will be left behind", states the entity.
Given this scenario, ABIACOM asks Congress to review the sections considered critical before the vote. "We defend regulation that punishes misuse, not the tool or the entrepreneur. Brazil needs an environment that stimulates technology as a driver of productivity and employment, and not a bureaucratic system that penalizes those who want to innovate", he concludes.
The association reinforces that it is available to contribute technically to the improvement of the project and to collaborate in the construction of balanced regulation, capable of protecting citizens without compromising the development of the digital economy in the country.
