The European Union (EU) took a significant step in regulating artificial intelligence by implementing, since August, the first comprehensive legislation on the subject, known as the AI Act. This new regulation, which will be fully applicable from 2026, establishes strict rules for the development and use of AI systems in European territory, aiming to ensure safety, ethics, and respect for fundamental rights. The EU initiative could set a precedent for other countries, including Brazil.
The AI Act adopts a risk-based approach, classifying AI systems into different categories, from minimal risk to unacceptable risk. This methodology establishes a new global standard and may pressure other countries to accelerate their own regulations. In Brazil, the topic has been debated by the parliamentary houses since 2020, and more recently, Bill 2,338/2023 (PL AI) has begun discussing regulation with a similar approach, demonstrating how the country can follow in the EU's footsteps.
Alan Nicolas, an AI specialist for business and founder of Academia Lendár[IA], sees the new European legislation as a signal for all countries where there are no specific laws for artificial intelligence. "The implementation of the AI Act in Europe is a milestone that highlights the need for Brazil to advance its own AI regulation. If we do not keep up with this trend, we may face challenges not only in adapting to international rules but also in ensuring that our companies are aligned with global governance and security practices," says the expert.
Consequences of Legislation
The impact of the AI Act could be profound, especially for companies operating in global markets or using AI systems developed outside Brazil. The new European Union legislation establishes clear guidelines on the transparency and safety of artificial intelligence systems, issues that are also being discussed in the Brazilian context.
According to Alan Nicolas, local companies have already begun to anticipate regulatory changes. "Many corporations in Brazil are preparing themselves, with some even developing AI impact reports and adjusting their practices to align with future legal requirements," he/she/they list.
Furthermore, the new European legislation imposes sanctions for non-compliance with its provisions, something that is also being considered in the Brazilian AI Bill. In the case of the EU, fines can reach up to 7% of the company's total global turnover, which reinforces the need for strict and rapid adaptation by companies that must operate in compliance with these new regulations.
Path to Regulation in Brazil
With the approval of the AI Act, the pressure on Brazil to establish its own regulatory framework increases. This urgency is mainly evidenced by the fact that the largest country in South America is among those with the most internet users in the world, ranking only behind China, India, the United States, and Indonesia. In Latin America, Brazil is the leader, followed by Mexico and Argentina.
The AI Act can still be voted on this year and includes elements inspired by European regulations, such as risk classification and civil liability of AI system providers. "Brazil has the opportunity to create a robust, modern legislation aligned with the best global practices. This will help promote innovation and ensure that technological advances are used ethically and safely," concludes Alan Nicolas.
The implementation of legislation in Brazil will be important to protect citizens' rights and promote a sustainable innovation environment. With the global trend established by the AI Act, the expectation is that other territories where regulation is already underway will follow the European Union's example, creating a framework that balances innovation with responsibility.
