EveryAILaw.comBrazil AI Bill (PL 2338/2023)
Obligations Covered
Timeline
| Milestone | Date | Notes |
|---|---|---|
| Introduced in Senate | May 3, 2023 | PL 2338/2023 |
| Approved by Senate | Dec 10, 2024 | Passed to Chamber of Deputies |
| Chamber special committee | Jul 1, 2025 | Under review |
Related Regulations and Standards
Related instruments are selected from shared compliance obligations and jurisdiction coverage.
Risk-Based AI Classification
Requirements
| Requirement | Details |
|---|---|
| Risk classification | AI systems classified by risk level: excessive (Art. 13), high (Art. 14), and general |
| Preliminary assessment | Self-classification before market introduction is optional — Art. 12 makes it a good-practice measure ("poderá realizar") that earns favourable treatment, not a precondition; a sector authority may simplify or waive it, and the competent authority may order reclassification or require an algorithmic impact assessment (Art. 12 § 4) |
| Prohibited practices | Art. 13 bans systems that induce harmful behaviour, exploit vulnerabilities, profile people to predict criminality or recidivism, or facilitate child sexual abuse material; plus public-authority social scoring, autonomous weapons systems, and real-time remote biometric identification in public spaces (with judicially authorised exceptions) |
| High-risk categories | Art. 14 lists twelve: critical-infrastructure safety devices; student admission selection and evaluations determining academic progress or monitoring; recruitment and employment decisions; access to essential public and private services; triage of emergency service calls; administration of justice; autonomous vehicles in public spaces; health diagnostics and procedures; analytical study of crimes; investigative credibility assessment and profiling; biometric emotion recognition; immigration and border control |
| Algorithmic impact assessment | Mandatory for high-risk systems (Art. 25), performed before placing the system on the market (Art. 26); conclusions are public, subject to trade-secret protection (Art. 28) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |
| Severe violations | Warnings, suspension, or bans on AI system operation |
Transparency and Explainability
Requirements
| Requirement | Details |
|---|---|
| Vulnerable groups | Systems intended for vulnerable groups must be transparent at every lifecycle stage, use simple, clear language appropriate to age and cognitive ability, and consider those groups’ best interests (Art. 5 § 2) |
| Disclosure of AI interaction | Art. 5(I) gives every affected person, at any risk level, the right to accessible free information that an interaction is automated, conveyed with standardised icons or symbols (Art. 5 § 1); cybersecurity and cyberdefence systems are excepted |
| Right to explanation | Art. 6(I) grants an explanation of a high-risk system's decision, recommendation, or prediction, subject to trade and industrial secrecy (Art. 6 § 1) |
| Explanation procedure | Art. 7 requires the explanation to be free, in plain accessible language, within a reasonable period; the competent authority sets deadlines and a simplified procedure scaled to system complexity and agent size |
| Documentation | Art. 18 requires developers and deployers of high-risk systems to keep lifecycle documentation and to use tools that allow accuracy and robustness to be assessed |
| Procedures for exercising rights | Art. 9 requires high-risk agents to state, clearly and accessibly, how the Chapter II rights are exercised |
| Synthetic content marking | Art. 19 requires an identifier in AI-generated synthetic content for authenticity and provenance verification; artistic, cultural, or entertainment works may signal via credits or metadata where doing so does not risk spreading false information (Art. 19 § 3) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |
Human Oversight and Contestation
Requirements
| Requirement | Details |
|---|---|
| Human review | Art. 6(III) gives a person affected by a high-risk system the right to human review of the decision, weighed against context, risk, and the state of the art |
| Right to contest | Art. 6(II) gives the right to contest and request review of a decision, recommendation, or prediction |
| Human supervision | Art. 8 requires human supervision of high-risk systems that lets supervisors understand, interpret, decide, and intervene; not required where implementation is provably impossible or disproportionate, in which case effective alternative measures apply |
| Procedures for exercising rights | Art. 9 requires agents to state how the rights are exercised; Art. 10 has the competent authority issue general guidelines with the SIA sector authorities |
| Enforcement avenues | Art. 11 allows the rights to be asserted before the competent administrative body or in court, individually or collectively |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |
Cite this regulation
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Attribution: EveryAILaw, PAICE.work PBC. “Brazil AI Bill (PL 2338/2023)”, EveryAILaw.com, Aug 1, 2026. https://everyailaw.com/regulation/br-ai-bill/
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