Brazil AI Bill (PL 2338/2023)
Obligations Covered
Risk-Based AI Classification #
Requirements
| Requirement | Details |
|---|---|
| Risk classification | AI systems classified by risk level: excessive, high, and general |
| Prohibited practices | Ban on subliminal manipulation, mass surveillance, exploitative systems |
| High-risk categories | Health, justice, security, credit, employment, education, infrastructure, biometrics |
| Safety testing | High-risk systems require safety testing before deployment |
| Algorithmic impact assessment | Public algorithmic impact assessments for high-risk systems |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |
| Severe violations | Warnings, suspension, or bans on AI system operation |
Transparency and Explainability #
Requirements
| Requirement | Details |
|---|---|
| Right to explanation | Individuals have the right to explanation of AI-driven decisions |
| Understandable systems | AI systems must be understandable and auditable |
| Documentation | AI operations must be documented |
| Disclosure | Users must be informed when interacting with AI systems |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |
Human Oversight and Contestation #
Requirements
| Requirement | Details |
|---|---|
| Human review | Mandates human review of AI-driven decisions in sensitive processes |
| Right to contest | Individuals can contest automated decisions |
| Oversight mechanisms | Organizations must establish oversight mechanisms for high-risk AI |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |