Technical Note on the Bills in Progress in the Federal Senate 2022
PL 21/20 - PL 5051/19 - PL 872/21
On September 29, 2021, the Chamber of Deputies of the Federative Republic of Brazil approved Bill n. 21/2020, which establishes foundations and principles for the development and application of artificial intelligence (AI) in Brazil.
The Bill n. 21/2020 was originally written by Congressman Eduardo Bismarck, reformulated by the current president of the Digital Front, Congresswoman Luísa Canziani, and represents the initiative to:
Signal to the world that Brazil is aware of concerns about AI;
Provide greater legal certainty in the use of these technologies, and;
Promote the dissemination of AI in Brazil.
The project is pending in the Federal Senate, which is discussing it together with Bills 5051/2019 and 872/2021, and may still undergo modifications.
Initially, the greatest concern expressed with the House of Representatives referred to the lack of a broad debate with the academic community, civil society, and individuals, among others involved, considering that the project was processed in a short period in that Legislative House.
However, at this point, it is important to recognize the initiative of the Federal Senate to establish a committee of jurists specialized in the subject to discuss the proposals and prepare a substitute to Bill n. 21/2020 - a committee that includes great professionals of national recognition in the area of Artificial Intelligence and Law.
As technology advances at an exponential pace, we must start thinking about how AI will interact and impact society in different facets of daily life.
Focusing on the ethical implication to be respected by AI systems, it is understood that it should be a national priority to ensure that these technologies are created in an ethical, safe, and responsible manner.
Notably, the involvement of ethics in the development of technologies that use AI has been relatively incipient and is still in an embryonic state in our country.
Brazil still has no published ethical guidelines (for the international public) in defense of the interests of the Brazilian population, which is necessary because we are a country with very different needs from those of countries "ahead" of the technological race.
In this sense, two organizations linked to the Pontifical Catholic University of Rio Grande do Sul (PUCRS) have joined together to collaborate on the development of the substitute to be voted by the National Congress: AIRES at PUCRS and the Post-Graduate Program in Law (PPGD), linked to the PUCRS School of Law.
To contribute to the ethical-normative guidelines already proposed by Bills n. 21/2020, n. 5051/2019 and n. 872/2021, and aims to assist in the ethical and safe development of AI, to avoid distortions in the expected results and the consequent accountability of those involved (when applicable), it is that AIRES at PUCRS and the PPGD of PUCRS Law School present their technical note structured from the main topics addressed in the three bills, with Bill no. 21/2020 as the main focus. The analysis was made with objective arguments and in accessible language, besides comparing each of the articles in Bill 21/2020 with Bill's n. 5051/2019 and PL's n. 872/2021, which are being discussed together.
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