The Senate is expected to analyze this Tuesday (10) the issue in the country.
The vote in the plenary was postponed last week following a request from opposition members.
Last Thursday (5), the text was approved. Without an agreement for voting and after several postponements, the collegiate’s operation was extended five times.
Versions
The case’s rapporteur, senator Eduardo Gomes (PL-TO), presented six versions of his opinion and negotiated several changes to reconcile the project with the opposition and the government.
as to CNN showed, , that he argued that the proposal restricted technological development and limited freedom of expression. Furthermore, the government also made conflicting demands, according to the rapporteur.
These two obstacles delayed the analysis of the proposal, which is also the target of interest and pressure from digital platforms, the so-called big techs.
The proposal establishes the risks and rights related to the use and development of AI in Brazil.
In his opinion, the rapporteur said he sought to balance the guarantee of preservation of fundamental rights and the conditions for technological development.
The matter has been in progress since last year and is considered a priority by the president of the Senate, Rodrigo Pacheco (PSD-MG), author of the main project analyzed by the committee.
The text was based on a draft prepared by a commission of jurists created by Pacheco in 2022.
Changes
Opposition members question the inclusion of sections related to copyright and remuneration conditions in the proposal. The government is in favor of the measure.
Gomes changed the text to include the guarantee of copyright protection as one of the foundations of the law, alongside intellectual property and “commercial and industrial secrets”.
The government leader in Congress, senator Randolfe Rodrigues (PT-AP), has already indicated that the government bench should present highlights of the proposal (suggestions for changes).
What the proposal says
The project establishes the definitions of artificial intelligence systems, AI agents (developers, distributors and applicators of technology) and “synthetic content” — images, videos, audio and text, which have been significantly modified or generated by AI.
It is also defined that a “high risk” AI system is one with the potential to adversely impact people or groups.
The cases of devices used are:
- in the operation of critical infrastructures;
- in selection and evaluation processes;
- in the administration of Justice;
- in autonomous vehicles in public spaces;
- in the health sector.
The proposal creates the National Artificial Intelligence Regulation and Governance System (SIA) and determines that it will be coordinated by the National Data Protection Authority (ANPD).
One of the main points of the text is the provision of remuneration for the use of content protected by copyright and related rights.
This remuneration must be paid by the “AI agent” who uses the content for training or development of artificial intelligence systems.
Furthermore, the use of image, audio, voice or video content that portrays or identifies natural persons by AI systems must respect personality rights.
