Detailed overview
Brazil does not currently have a fully enacted horizontal AI law equivalent to the EU AI Act. The main national AI bill is PL 2338/2023, which is intended to establish general rules for the responsible development and use of artificial intelligence. The bill has advanced through the Senate, but official Chamber of Deputies materials state that it still requires Chamber approval before becoming law.
Proposed framework
The proposed Brazilian AI framework is designed around responsible AI governance, protection of fundamental rights, legal certainty, risk management and innovation. Draft materials refer to rights of affected persons, governance duties for AI agents, risk classification and oversight mechanisms. However, these duties should be described as proposed obligations until the bill is enacted.
Current compliance
Current AI compliance in Brazil is based mainly on existing law. AI systems that process personal data may fall under the Brazilian General Data Protection Law. AI used in consumer services, employment, credit, healthcare, public administration, advertising, intellectual property or regulated sectors may trigger additional legal requirements.
Penalties
Brazil does not currently have one operative AI-specific penalty table under PL 2338/2023 because the bill is not yet enacted. Penalties currently arise under the underlying applicable laws, including data protection, consumer protection, civil liability, employment, intellectual property, financial regulation and sector-specific rules.