Bill no. 2.338/2023 and the advance of artificial intelligence in Brazil’s Judiciary

Brazil is currently debating Bill No. 2.338/2023, which deals with artificial intelligence. 

 

An important consequence of this bill is how it can improve the Brazilian judicial system. It is well known that Brazil has a large number of lawsuits, and by introducing Artificial Intelligence in this area, it is expected that judicial processes will become more effective and faster.

 

This means that it will be necessary to create some updates regarding ethics, transparency and governance in the production and use of artificial intelligence in the judiciary – there should be greater caution regarding data security, especially in the tools used by the judiciary.

 

 

Experts believe that it is important to formulate a methodology that allows for parameterisation, based on the definition of premises, such as what would be the ideal of transparency in relation to the justice systems, what type of information should be made transparent and who could have access to it, for example.

 

Therefore, it is important to know that Brazil is following your path to improve your systems and methods and, as a consequence, it will improve your judicial field to treat better and with effectiveness those who need it.

 

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Author: Marília de Oliveira Fogaça e Cesar Peduti Filho, Peduti Advogados

Source: Segurança sobre dados norteiam debates sobre IA

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

The future of artificial intelligence in Brazil

At the beginning of May, and in the midst of various news published about artificial intelligence, mainly with the emergence of ChatGPT – chatbox based on artificial intelligence -, a bill was presented that provides the use of Artificial Intelligence in Brazil – PL 2338/2023, by the Senate President, Rodrigo Pacheco, who heard the opinion of more than 60 specialists in the field.

 

In accordance with its article 1, the bill aims to establish general national rules for the development, implementation, and responsible use of artificial intelligence (AI) systems in Brazil, with the objective of protecting fundamental rights and guaranteeing the implementation of safe and reliable systems, for the benefit of the human person, the democratic regime and scientific and technological development.

 

 

The Brazilian bill, in turn, contains nine chapters, to provide: rights; risk categorization; governance of artificial intelligence systems; civil liability; codes of good practice and governance; communication of serious incidents; supervision and inspection. Regarding supervision and inspection, if violations of the established rules are committed, administrative sanctions may be applied by the competent authority, including a fine of up to 50 million reais.

 

It is important to highlight the concern of several countries regarding the processing of personal data through artificial intelligence. Proof of this was Italy’s temporary ban on ChatGPT, which was only reinstated after OpenAI, responsible for the technology, clarified the issues raised by the country’s data protection authority. It should also be noted that the European Union is also moving forward in this direction, in view of a bill in progress, which deals with artificial intelligence. It is, therefore, a matter of extreme importance to be regulated. In Brazil, the project will be analyzed by Senate’s thematic committees.

 

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Author: Caroline Muniz and Cesar Peduti Filho, Peduti Advogados.

Source: Pacheco apresenta projeto de regulação da Inteligência Artificial sugerido por comissão de especialistas (https://www12.senado.leg.br/radio/1/noticia/2023/05/08/pacheco-apresenta-projeto-de-regulacao-da-inteligencia-artificial-sugerido-por-comissao-de-especialistas); União Europeia avança em lei que rege uso de inteligência artificial (https://veja.abril.com.br/mundo/uniao-europeia-avanca-em-lei-que-rege-uso-de-inteligencia-artificial).

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

The progress of European Union regarding the draft law that will regulate Artificial Intelligence

It has been two years since the European Commission started to write the Artificial Intelligence Law, to regulate increasing AI technology, which is in highly evidence nowadays, since ChatGPT was launched.

 

In this sense, companies that implement Artificial Intelligence tools will have to publicize every material used to develop their systems that is copyright protected. This disposition was late created, since some commission members wanted to definitely prohibit the use of copyrights to train generative models.

 

 

Furthermore, it is being suggested that Artificial Intelligence tools be classified according to their perceived level of risk: minimal to limited, high and unacceptable. Regarding the areas of concern, it can be included biometric surveillance, dissemination of misinformation or discriminatory language.

 

The members of European Parliament agreed to take the project to the next level, when it will be discussed the final details of Artificial Intelligence Law. Once it is approved, this law will be the first one, worldwide, to regulate the subject of Artificial Intelligence.

 

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Author: Marília de Oliveira Fogaça and Cesar Peduti Filho, Peduti Advogados.

Source: União Europeia propõe novas refras de direitos autorais para a IA Generativa 

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”