* By Rodolfo Fücher
There are moments in history when a country's decisions define not only its economy, but its place in the future. The regulation of Artificial Intelligence is one of those moments, and perhaps the last place where Brazil should try to "innovate".
In the movie Apollo 13, The phrase "failure is not an option" has become a symbol of overcoming risk. In our case, making a mistake in the regulatory path could mean being left out of the next technological cycle.
Bill 2338/2023, which aims to create a regulatory framework for AI in Brazil, starts with good intentions. But the current text threatens to turn prudence into paralysis, and what should protect the future may end up making innovation unfeasible.
The first worrying point is the requirement to track all copyrighted content used in training AI models.
Requiring developers to publish a summary of all copyrighted content used in the development process on an easily accessible website is, in practice, the same as saying: Don't do anything in Brazil..
Modern models are trained on trillions of data points. No leading technological country, such as the United States, Japan, or Singapore, imposes a similar obligation because it is technically unfeasible.
To insist on this is to condemn Brazil to technological dependence: we stop producing knowledge and start consuming what others create.
The second point is the reversal of the burden of proof.
At first glance, it seems reasonable that the judge should have the power to reverse the burden of proof when the victim is economically disadvantaged or when the characteristics of the AI system make it excessively difficult to prove the requirements of civil liability. In practice, the developer or supplier would then have to prove that they did nothing wrong.
In an already overburdened judicial system, this change would pave the way for a flood of compensation lawsuits and increased insurance and compliance costs for operating in Brazil.
The result would be to discourage precisely those who invest, research, and create, the opposite of what the country needs.
The third point is the generic and horizontal regulation, replete with subjective definitions of risk and obligations, which increases the potential for litigation.
The text stipulates that it will be up to the sectoral authorities to define, in the future, when the obligations may be relaxed or waived.
In practice, an extensive list of requirements is imposed from the outset, which increases development costs and hinders projects, only for the agencies to later dictate what should never have been mandatory.
Wouldn't it be more logical for these same agencies to define, from the outset, what really makes sense to regulate and what can be made more flexible?
Meanwhile, the world is going in a different direction.
- You United States they adopt the principle of fair use, allowing for the training of models without hindering innovation.
- O United Kingdom applies the model pro-innovation, with regulatory testing and flexible rules by sector.
Japan and Singapore They created legal exceptions for data mining, balancing protection and competitiveness. - THE China, in turn, took the lead by announcing that it will concentrate its investments on science and technology — transforming innovation into state policy.
- And even to European Union, once seen as the most rigid model in the world, is already beginning to revise its AI Act so as not to become isolated in the global race.
Today we are experiencing a silent dispute between nations that are competing not only for technology, but for... attracting investment and talent that will shape the next digital age.
It's a race to create smarter, more proportionate, and innovation-friendly regulations.
And Brazil?
Well, Brazil is going against the grain — trying to erect the most restrictive framework on the planet, just when the whole world is rushing to make room for innovation.
Rodolfo Fücher is the vice-president of the Board of Directors of the Brazilian Association of Software Companies (ABES).
Notice: The opinion presented in this article is the responsibility of its author and not of ABES - Brazilian Association of Software Companies
Article originally published on the TI Expertise website: https://tiexpertise.com.br/o-ultimo-lugar-onde-o-brasil-deveria-inovar-e-na-regulamentacao-da-inteligencia-artificial/
