Brazil

This Law amends the Penal Code to establish grounds for increasing the penalty for the crime of psychological violence against women when committed using AI or any other technological resource that alters the victim’s image or sound.

The Bill introduces the definition of "neural data," focusing on signals or metrics capable of revealing cognitive states. 

The Bill creates a risk-tiered AI framework, rights for people affected by AI decisions, an enforcement structure anchored by ANPD (with sectoral regulators retaining authority in their own domains), and penalties up to BRL 50 million per infraction or 2% of Brazilian turnover, plus objective civil liability for providers of high-risk or excessive-risk systems.

This Bill, introduced by the Executive Branch and attached to PL 2338/2023, corrects a constitutional defect in PL 2338 (only the Executive Branch may create new government bodies). It establishes the Brazilian Artificial Intelligence Council (CBIA) and confirms the National Data Protection Authority (ANPD) as the residual AI regulator. The Bill creates the broader National System for AI Development, Regulation and Governance (SIA), under which ANPD would regulate AI uses in sectors that lack a dedicated sectoral regulator, while existing sector-specific regulators retain authority over AI within their own domains.

The Bill establishes general standards for the development, implementation and responsible use of AI systems.

The Bill would amend the General Personal Data Protection Law (LGPD) to determine criteria for permitting the use of personal data for training and improving AI systems.

The Bill amends patent law to provide for the ownership of inventions generated autonomously by AI systems.

The bill would prohibit the use of children's images in machine learning and artificial intelligence (ML and AI) systems without explicit consent from parents or legal guardians.