What is Brazil AI Bill 2338/2023?
A Guide to Prepare for Compliance
Risk-based like EU AI Act, but more flexible
Bans some practices, classifies others as high risk
Methods for paying copyright holders for right to train on data
FAQs About Brazil AI Bill 2338/2023
Steps to Achieve Compliance
High-Level Overview
What are the core concepts of the Brazil AI Bill 2338/2023?
- Emphasis on transparency and accountability, responsibility to mitigate harms
- Creates special avenues to pay creators and copyright holders to employ their work in training data
- Requires regular impact assessments
- Protect the rights and safety of individuals
- Values human oversight
Although there is no official English translation of the bill yet published, a comprehensive rundown of the current proposals has been put out by Data Privacy Brasil.
Brazil AI Bill Scope
Who does the Brazil AI Bill apply to?
Bill 2338/2023 applies to both developers and deployers of AI.
Non-Compliance Penalties
What are the proposed non-compliance penalties for the Brazil AI Bill?
Violations of the Bill’s provisions could result in fines of up to R$50 million (approx. $8M USD), or up to 2% of annual revenue.
Status
Where in the legislative process is the Brazil AI Bill?
The Bill passed the Brazilian Senate on December 10, 2025 and now moves to the Chamber of Deputies. After that, it will require the signature of President Luiz Inácio Lula da Silva.
If passed, provisions about generative AI, prohibited uses and copyright protection will come into effect 180 days after passage. Other provisions will come into effect two years after passage.
AI Compliance Tools
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