Does Brazil AI Bill (PL 2338/2023) require Human Oversight?
Brazil • proposed
Yes — 1 provision
Requirements at a glance
This regulation imposes 5 specific requirements for Human Oversight across 1 provision:
- 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
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 |