Artificial Intelligence Governance: Analysis of the Artificial Intelligence Regulatory Framework (PL nº. 2.338/2023) from the Perspective of Risk-Based Regulation
Risk-based regulation. Artificial intelligence. Fundamental Rights. Brazilian regulatory framework.
The dissertation analyzes PL nº 2.338/2023, which establishes the Regulatory Framework for Artificial Intelligence in Brazil, from the perspective of Risk Regulation Theory, with the main objective of verifying whether the risk-based regulation model adopted by the bill is capable of balancing technological development with the protection of fundamental rights. The research employs a qualitative, exploratory method with a legal-dogmatic and normative-analytical approach, relying on bibliographic review and comparative documentary analysis of the legislative versions of the bill. It starts from the hypothesis that the risk-based model can provide more efficient and ethical governance of artificial intelligence, provided it combines technical assessment mechanisms with deliberative and participatory processes. The results indicate that PL nº 2.338/2023 incorporates important elements for risk management, such as the categorization of systems according to their level of risk, the requirement for algorithmic impact assessments, and the provision of governance mechanisms, although it still presents challenges related to regulatory effectiveness. It concludes that the bill represents a significant advance in the attempt to regulate artificial intelligence in Brazil, aligning with international trends in risk-based regulation, but that it requires improvements to ensure greater legal certainty, protection of fundamental rights, and the strengthening of democratic governance in the application of emerging technologies.