AI Legal Framework in Brazil
Technical analysis of PL 2338/2023 — the bill that establishes the AI Legal Framework in Brazil. Understand what changes, who is impacted and how to prepare.
What is PL 2338/2023?
Bill No. 2,338/2023, authored by Senator Rodrigo Pacheco, is the main bill for comprehensive regulation of Artificial Intelligence in Brazil. It was developed by the Senate's Commission of Jurists for AI (CJIA), created by Presidential Act No. 4/2022.
The text establishes principles, rights, obligations and a governance system for the development and use of AI systems in the country. It adopts a risk-based approach, similar to the European EU AI Act, with obligations proportional to the potential impact level of each system.
IBGIA has been monitoring and analyzing the legislative process since its inception, producing technical analyses and recommendations to improve the text.
Legislative Timeline
Bill introduced
Senator Rodrigo Pacheco introduces PL 2338/2023 based on the work of the Senate's Commission of Jurists (CJIA).
Debates and hearings
Public hearings, consultations and debates in the Federal Senate. Amendments and substitutes to the original text.
Chamber of Deputies
Bill approved in the Senate and sent to the Chamber of Deputies for analysis and voting.
Presidential approval
After approval in both chambers, the bill goes to the President for signing or veto.
Entry into force and regulation
Compliance period for organizations; detailed regulation by the regulatory body to be created.
Risk Classification
The bill adopts a risk-based approach: the greater the potential for negative impact, the greater the obligations for developers and operators.
Unacceptable Risk
Prohibited
High Risk
Mandatory impact assessment + human oversight
Limited Risk
Transparency and identification obligations
Minimal Risk
Free use; voluntary best practices recommended
Rights of Affected Persons
Many of these rights directly relate to the LGPD. See our analysis on the regulatory gaps between AI and LGPD
PL vs. EU AI Act
IBGIA Publications on the Legal Framework
Technical analyses and practical guides available for free
Who Needs to Prepare?
Public Sector
- Algorithmic impact assessment
- Human oversight in automated decisions
- Transparency in systems used
- Right to explanation for citizens
Private Companies
- AI systems inventory
- Classification by risk level
- Internal AI governance policy
- LGPD + Legal Framework compliance
AI Developers
- Technical documentation of models
- Bias and discrimination testing
- High-risk systems registry
- Compliance by design
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Need help preparing?
IBGIA offers assessment frameworks, consulting and training for organizations that need to understand and implement AI governance best practices in light of the Legal Framework.