Bill No. 2338/2023 is soon expected to be enacted, regulating Artificial Intelligence in Brazil. In this scenario, understanding the development of artificial intelligence regulation in Brazil may offer great opportunities.
The global regulation of artificial intelligence faces significant challenges, particularly concerning data usage and copyright infringement. As AI systems increasingly rely on massive amounts of data for training, issues arise around data privacy, consent, and the ethical sourcing of information. Copyright violations also have become a critical aspect of this technology, with generative AI models often trained on copyrighted materials without permission, leading to lawsuits and debates over fair use. As a matter of fact, the traditional blurred lines that limit fair use and violations have become even more difficult to identify.
Countries worldwide are facing difficulties with balancing innovation and protection, as seen in the European Union’s AI Act, which focuses more on the risks brought by AI, and U.S. approach, which is certainly more liberal. These challenges highlight the tension between technological advancement and intellectual property rights, demonstrating the urgency for international standards to address cross-border data flows and liability for AI-generated content.
In Brazil, current issues with AI usage revolve around copyright infringement and data privacy, intensified by the rapid adoption of generative tools. A notable recent case is the lawsuit No. 1107237-96.2025.8.26.0100 filed by Folha de São Paulo, a major Brazilian newspaper, against OpenAI, in August 2025. The newspaper claims that OpenAI’s models were trained on its copyrighted articles without authorization, resulting in AI-generated content that replicates journalistic work. This case demonstrates the growing concern over AI’s impact on creative industries, where platforms like ChatGPT are accused of exploiting Brazilian content for commercial gain. Additionally, there are broader worries about AI’s role in misinformation and bias, particularly in a diverse society like Brazil, where data imbalances could perpetuate inequalities.
Brazil’s General Data Protection Law (Brazilian GDPR), enacted in 2020, marked an initial step in regulating aspects crucial to AI development, specifically the handling of personal data. This law emphasizes data minimization, consent, and transparency, which are essential for training AI algorithms. Under Brazilian GDPR, strongly inspired in the European model for data protection, companies must ensure lawful data processing, impacting AI developers who rely on large datasets. While not AI-specific, GDPR brought the initial awareness to tech firms about the necessity of adapting their practices, creating a foundation for ethical AI use and influencing how Brazilian entities approach data-driven technologies.
The debate on AI regulation has grown more complex with discussions on platform liability, even though these are not directly tied to AI. Issues surrounding algorithmic responsibility in illegal acts and programming accountability have emerged, particularly in cases involving social media moderation and content recommendation systems. For instance, controversies over platforms like Meta and their role in spreading harmful content have raised questions about whether algorithms should be held accountable for facilitating illicit activities, such as hate speech or misinformation. This broader discourse on digital responsibility informs AI regulation, as it highlights the need to address how AI systems contribute to societal harms and who bears the blame.
However, Brazil’s proposed AI bill (Bill No. 2338/2023), which attempts to create a thorough framework for AI governance, is a significant advancement in AI regulation in that country.
Bill No. 2338/2023 imposes requirements like accountability, transparency, and human oversight while classifying AI systems based on risk levels. In contrast to the European viewpoint, the Bill only addresses unacceptable and high risk, which would give rise to the prohibition and restriction of specific uses of IA. Additionally, it deals with data governance, guarantees that AI training complies with privacy regulations such as the Brazilian GDPR, and encourages ethical AI development by requiring impact assessments for risks associated with AI use.
Additionally, Bill No. 2338/2023 offers incentives for research and innovation as well as provisions for public involvement in AI decision-making. It creates a national AI authority to monitor adherence, impose sanctions, and promote collaboration with AI agents. The bill mandates safeguards against discriminatory outcomes and promotes inclusive AI design. It also addresses emerging issues such as the use of AI in job recruitment or personal rankings.
The Brazilian Senate passed the bill in December 2024, and it is currently awaiting Chamber of Deputies approval, which is anticipated to occur in February 2026. If implemented, it is anticipated to have a substantial impact on Brazil’s use of AI by creating a more regulated environment that strikes a balance between protection and innovation. This could position Brazil as a leader in Latin American AI governance and possibly influence regional standards while attracting foreign investment in AI and reducing the risks of copyright infringement and data.
In conclusion, Brazil’s developing AI regulatory environment, which builds on Brazilian GDPR and advances through Bill No. 2338/2023, reflects a proactive approach to global challenges. As the bill moves forward, it promises to improve moral AI practices, safeguard intellectual property, and guarantee responsible data use, providing important guidance for global policymakers navigating the challenges of AI regulation.
—
Author: Mariana de Araújo M. Lima Di Pietro, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados
—
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”