Andriei Gutierrez, president of the Brazilian Association of Software Companies (ABES), which represents two thousand companies, mostly Brazilian (77% micro and small), defended a model of regulation of artificial intelligence (AI) in Brazil that prioritizes flexibility and competitiveness. He highlighted the urgency of the issue due to the socioeconomic impact of AI on the country's productivity and competitiveness.
Gutierrez emphasized the importance of protecting fundamental rights and security, but warned of the risk of overly rigid regulations, which could hinder technological development. “The more we leave the law rigid and prescriptive, with topics such as the definition of high risk and governance measures, the more rigid it becomes and if we try to embrace all sectors as if it were just one sector, the more difficult it will be to implement, because technology changes all the time,” he said.
International scenario and the ideal regulatory model
The president of ABES highlighted the change in the international regulatory scenario, which, after an initial period of intense focus on governance and security (2020-2023), has turned towards competitiveness and development. He cited examples such as Trump's revocation of measures in the US, the change in discourse in the United Kingdom and the European Union's difficulties in implementing the AI Act. Japan, in turn, approved a regulation focused on the adoption of technology and competitiveness. For Gutierrez, this global change reinforces the need for Brazil to adopt a regulatory approach that does not limit innovation.
Strengthening existing regulatory bodies and national digital transformation strategy
ABES defends the regulation of the use of technology, not the technology itself, suggesting the strengthening and empowerment of existing regulatory bodies. Gutierrez questioned the need to create a regulator for AI, proposing that legislation provide instruments so that bodies, such as the National Data Protection Authority (ANPD), can act more effectively. He also mentioned the regulation of the use of AI in elections by the Superior Electoral Court (TSE) as an example of regulatory action that met a sectoral demand, that is, electoral rules.
The ABES representative defended the strengthening of a national digital transformation strategy, which encompasses not only regulation, but also workforce training and cybersecurity, among other aspects. In this sense, Gutierrez mentioned the project Brazil 2030+, an initiative by ABES in conjunction with Brasscom, CNI, FEBRABAN and FIESP, which aims to present pillars and actions for a national strategy for digital transformation and governance. He also suggested that the debate on copyright in AI system training be addressed at a later stage, in the discussion of intellectual property law, so as not to limit the development of new technologies in Brazil.
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