The regulation of artificial intelligence in Brazil is still only a bill, but it already indicates what companies will have to comply with.
The regulation of artificial intelligence in Brazil still depends on the National Congress. PL nº 2.338/2023 (Bill No. 2,338/2023) is the main general bill on the subject. The Senate approved it, and the Chamber of Deputies is now examining the text. For this reason, none of it is law for the time being. Even so, the bill shows what companies should expect.
Regulation of artificial intelligence: what the general bill provides for
The text addresses governance, copyright, worker protection, generative AI, penalties and civil liability. It also provides for a regulatory framework coordinated by the ANPD (Brazilian National Data Protection Authority). Generative and general purpose AI systems would undergo a prior risk assessment.
Decisions with legal consequences would be subject to human review, and the commercial use of protected works would give rise to compensation. Administrative fines would reach BRL 50 million. In practice, anyone using AI to make decisions about individuals would have to demonstrate control and security.
Medical diagnosis systems, infrastructure control systems and autonomous vehicles in public spaces would qualify as high risk. Autonomous weapons would be prohibited.
Who is the inventor of a creation made with AI?
Another front concerns patents. PL nº 3.936/2024 (Bill No. 3,936/2024) proposes that the inventor must always be a human being. The two bills are being processed jointly, since PL nº 303/2024 (Bill No. 303/2024) is attached to the first. The proposal also shortens the term of protection for inventions made with AI, and the reduction increases in proportion to the machine’s autonomy. For technology and research companies, this affects who registers and who exploits the creation.
How companies can prepare before the vote
First, map out where the company uses AI and what data those systems process. Next, record who reviews the automated decisions. Finally, review the contracts with AI suppliers, in particular as regards copyright and liability. In the public sector, guidelines issued in February 2025 already require human validation in the use of generative AI.
It is our understanding that sound AI governance put in place now reduces the cost of adaptation should the bill become law. The text may still be amended in the Chamber of Deputies and returned to the Senate, so it is advisable to follow the amendments before settling on any internal policy.
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