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, that will be fully applicable from 2026, establishes strict rules for the development and use of AI systems in European territory, with the aim of ensuring safety, ethics and respect for fundamental rights. The EU initiative could serve as a precedent for other countries, including Brazil
The AI Act adopts a risk-based approach, classifying AI systems into different categories, from minimum 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 parliamentary houses since 2020 and, more recently, the Bill 2.338/2023 (PL IA) passou a discutir a regulamentação com uma abordagem similar, demonstrating how the country can follow in the footsteps of the EU
Alan Nicolas, AI business specialist and founder of Lendár[IA] Academy, 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 shows the need for Brazil to advance in its own AI regulation. If we do not follow this trend, we can face challenges not only in adapting to international rules, but also in ensuring that our companies are aligned with global governance and security practices,"affirms the specialist"
Consequences of Legislation
The impact of the AI Act can be profound, especially for companies that operate in global markets or that use AI systems developed outside of Brazil. The new European Union legislation establishes clear guidelines on the transparency and security of artificial intelligence systems, issues that are also being discussed in the Brazilian context
As pointed out by Alan Nicolas, local companies have already started to anticipate regulatory changes. "Many corporations in Brazil are preparing", with some even developing AI impact reports and adjusting their practices to align with future legal requirements,enumerate
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 business volume, what reinforces the need for a rigorous and swift adaptation by companies that need to 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 is increasing. This urgency is mainly proven by the fact that the largest country in South America ranks among those with the most internet users in the world, ranking second only to China, India, United States and Indonesia. In Latin America, Brazil is the leader, followed by Mexico and Argentina
The PL IA can be voted on this year and brings elements inspired by European regulation, how the risk classification and civil liability of AI system providers. Brazil has the opportunity to create robust legislation, modern and aligned with the best global practices. This will help promote innovation and ensure that technological advancements are used ethically and safely,"concluded 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 example of the European Union, creating a structure that balances innovation with responsibility
