Artificial Intelligence · Brazil
AI regulation in Brazil (2026)
Brazil shaded by its artificial intelligence status
Brazil has no comprehensive AI law in force yet, but a wide-ranging risk-based bill (PL 2338/2023) was approved by the Senate on 10 December 2024 and is now being analyzed by a special committee in the Chamber of Deputies, where it stalled in early 2026 over high-risk classification and AI-training copyright issues. In the interim, AI is regulated indirectly through the general data-protection law (LGPD), enforced by the ANPD, and supported by the non-binding Brazilian AI Plan (PBIA) 2024–2028. The bill remains pending with no officially announced enactment timeline.
Key points
The substitute to PL 2338/2023, drafted by Senator Eduardo Gomes, was approved by the Senate plenary on 10 December 2024 and sent to the Chamber of Deputies for further analysis.
A special committee (chaired by Dep. Luísa Canziani, rapporteur Dep. Aguinaldo Ribeiro) is reviewing the bill; it held roughly a dozen public hearings between May and September 2025 and is awaiting the rapporteur's report, with no final vote yet.
The bill takes an EU-style risk-based approach, classifying AI systems by potential impact, banning excessive-risk uses, and imposing stricter transparency and governance obligations on high-risk systems affecting public safety or fundamental rights.
The bill creates a National System for Regulation and Governance of AI (SIA) with the data-protection authority ANPD as coordinator and residual regulator, working alongside sectoral regulators (e.g., Central Bank, ANATEL, ANS).
Until an AI law is enacted, AI involving personal data is governed by the General Data Protection Law (LGPD, Law 13.709/2018) and enforced by the ANPD, which also ran a regulatory sandbox on AI and data protection in 2025.
Separate from regulation, the government launched the Brazilian AI Plan (PBIA) 2024–2028, a ~R$23 billion investment strategy coordinated by the MCTI, structured around five strategic axes including infrastructure, training, and AI for public services.
Timeline - major decisions & events
Brazil's data protection authority published the final results of Notice No. 2/2025, choosing three companies for its first AI-and-data-protection regulatory sandbox focused on algorithmic transparency and human oversight. It marks the regulator's move from study to hands-on supervisory experimentation with generative AI.
Digital Policy Alert ↗Because PL 2338/2023 was referred to more than three standing committees, the Chamber's president established a special committee to analyze the AI framework. The move set the stage for contentious debate over biometric-surveillance carve-outs and copyright rules.
Library of Congress ↗The ANPD's Technology and Research Unit released a Technological Radar study on generative AI, clarifying how existing LGPD rules apply to model training and deployment. It signaled the regulator would govern AI through data-protection law pending a dedicated statute.
Future of Privacy Forum ↗After Meta agreed to safeguards—pseudonymization, improved opt-out, and a commitment not to use minors' data—the ANPD lifted its preventive measure. The compliance plan set a de facto template for how AI training on Brazilians' personal data must be conducted.
ANPD ↗President Lula received the first Plano Brasileiro de Inteligência Artificial, committing R$23 billion through 2028 for AI infrastructure (including the Santos Dumont supercomputer), public services, and sovereignty. It is Brazil's flagship industrial-policy push on AI.
Agência Gov (EBC) ↗The ANPD issued a preventive measure suspending Meta's updated privacy policy that used Facebook, Instagram and Messenger data to train its AI, citing improper legal basis and risks to minors, with a R$50,000 daily fine. It was Brazil's first major AI enforcement action.
ANPD ↗Drawing on the work of a Senate commission of jurists (CJSUBIA), the Senate president introduced PL 2338/2023 to replace the earlier Chamber bill with a rights-based, risk-tiered framework. This became the backbone of Brazil's current AI legislation.
Data Privacy Brasil ↗A committee of jurists was formed in the Senate to consolidate competing bills (PLs 5051/2019, 21/2020, 872/2021) and draft a substitute, holding public hearings with 50+ experts. Its work shifted Brazil away from the lighter-touch Chamber approach.
Data Privacy Brasil ↗The Chamber of Deputies passed the Marco Legal da Inteligência Artificial by 413-15, a principles-based bill criticized for weak protection of fundamental rights. Sent to the Senate, it was ultimately superseded by PL 2338/2023.
Câmara dos Deputados ↗The Ministry of Science, Technology and Innovation released the Estratégia Brasileira de Inteligência Artificial, with nine thematic axes and 73 strategic actions on ethics, governance, research and skills. It was Brazil's first government-wide AI policy roadmap.
MCTI ↗Law No. 13,709 created Brazil's comprehensive data-protection regime and the basis for the ANPD, in force from September 2020. Until a dedicated AI statute passes, the LGPD is the principal legal tool governing AI systems that process personal data.
Library of Congress ↗Brazil - other topics
Last verified 5/23/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →