Technical Note - Bills before the Federal Senate 2022: PL 21/20 - PL 5051/19 - PL 872/21
A technical note by AIRES PUCRS and PPGD on Bills 21/2020, 5051/2019, and 872/2021, which address the regulation of artificial intelligence in Brazil.
On September 29, 2021, the Chamber of Deputies of the Federative Republic of Brazil approved Bill No. 21/2020, which establishes foundations and principles for the development and application of artificial intelligence (AI) in Brazil.
PL No. 21/2020 was originally drafted by Congressman Eduardo Bismarck, reworked by the current chair of the Digital Front, Congresswoman Luísa Canziani, and represents an initiative to:
- Signal to the world that Brazil is attentive to concerns relevant to AI;
- Provide greater legal certainty in the use of these technologies, and;
- Promote the dissemination of AI in Brazil.
The bill is awaiting proceedings in the Federal Senate, where it is being discussed together with Bills No. 5051/2019 and No. 872/2021, and may still undergo further changes.
Initially, the main concern raised in the Chamber of Deputies was the lack of broad debate with the academic community, civil society, private parties, and other stakeholders, given that the bill moved through that legislative body in a short period of time.
At this point, however, it is worth acknowledging the Federal Senate’s initiative in establishing a commission of specialized jurists to discuss the proposals and draft a substitute for PL No. 21/2020 — a commission that includes highly regarded professionals of national standing in the field of Artificial Intelligence and Law.
As technology advances at an exponential pace, it is imperative that we begin to think about how AI will interact with and impact society across the many facets of daily life.
Focusing on the ethical implications that AI systems must respect, it is understood that ensuring these technologies are created ethically, safely, and responsibly should be a national priority.
Notably, engagement with ethics in the development of AI-based technologies has been relatively incipient, and is still in an embryonic state in our country.
Brazil still has no published ethical guideline (for an international audience) defending the interests of the Brazilian population, which is necessary since we are a country with needs very different from those of countries “ahead” in the technological race.
In this sense, two organizations affiliated with the Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS) joined forces to contribute to the development of the substitute bill to be voted on by the National Congress: AIRES at PUCRS and the Graduate Program in Law (PPGD), affiliated with the PUCRS School of Law.
In order to contribute to the ethical-normative guidance already proposed by Bills No. 21/2020, No. 5051/2019, and No. 872/2021, and aiming to support the ethical and safe development of AI — so as to avoid distortions in expected outcomes and the resulting accountability of those involved, where applicable — AIRES at PUCRS and the PPGD of the PUCRS School of Law present their technical note structured around the main topics addressed in the 3 bills, with PL No. 21/2020 as the main focus. The analysis was conducted with objective arguments and in accessible language, and cross-references each article of PL No. 21/2020 with PL’s No. 5051/2019 and No. 872/2021, which are being processed jointly.
Our Technical Note can be downloaded via the button below.