Regulation of New Technologies
AI regulation in Brazil: the status of Bill 2338/2023
Guilherme Chambarelli
Published on
3 min read
In this article
Brazil does not yet have a general AI law. Bill 2338/2023, the main proposal for AI regulation in Brazil, was approved by the Federal Senate in December 2024 and, as of October 2026, is still under review in the Chamber of Deputies, where a special committee is discussing it. The rapporteur indicated that the vote would take place after the October 2026 elections. If the Chamber changes the text, it returns to the Senate. Meanwhile, existing laws such as the LGPD and the Consumer Protection Code already apply to AI systems.
Key points
- Bill 2338/2023 is pending in the Chamber of Deputies; it is not law.
- The Senate text follows a risk-based model, with prohibited and high-risk uses.
- Copyright and remuneration for training data remain among the open issues.
- The LGPD already regulates automated decisions based on personal data (Article 20).
- Companies can prepare with governance measures that make sense under any final text.
Where does the bill stand?
The bill was presented in the Senate in 2023, based on work by a commission of jurists, and approved with amendments in December 2024. In the Chamber of Deputies, a special committee was set up to analyze it. During 2026 the expected vote was postponed several times; in August 2026, the rapporteur stated that the vote should take place at the end of the year, after the elections. Negotiations included the Senate rapporteur, since the bill will go back to the Senate if amended.
What does the Senate text propose?
The text approved by the Senate, which may still change, is built on a risk-based approach similar in spirit to the EU AI Act:
- Excessive risk: uses considered unacceptable would be prohibited, such as certain manipulative techniques and some forms of biometric surveillance, with exceptions.
- High risk: systems used in sensitive contexts would be subject to obligations such as impact assessments, human oversight, documentation and transparency.
- Governance: a national system for AI regulation and governance, coordinated by the ANPD, working with sector regulators.
- Rights: information on interaction with AI systems and the right to contest decisions in certain cases.
- Copyright: rules on the use of protected content to train models and on remuneration of rights holders.
Which laws already apply to AI?
| Law | Relevance for AI |
|---|---|
| LGPD (Law 13,709/2018) | Legal bases for training and use of personal data; right to review automated decisions (Article 20) |
| Consumer Protection Code (Law 8,078/1990) | Transparency, product and service liability, abusive practices |
| Internet Civil Framework (Law 12,965/2014) | Rules for internet applications and platforms |
| Copyright Law (Law 9,610/1998) | Use of protected works and authorship of outputs |
| Sector rules | Financial, health and other regulators apply their own requirements |
The ANPD has also been active on AI and personal data, which makes data protection the most immediate compliance front.
How can companies prepare now?
- Inventory AI systems in use or development and classify them by use and impact.
- Check the legal basis for personal data used in training and operation.
- Implement human review for decisions with significant effects on individuals.
- Document data sources, testing and known limitations.
- Review contracts with AI vendors for liability, confidentiality and data use.
- Monitor the bill’s progress and adjust once the final text is enacted.
Frequently asked questions
When will the AI law take effect?
There is no date yet. After approval by both houses and presidential sanction, the final text will set transition periods.
Will the law apply to foreign AI providers?
The Senate text is designed to cover systems offered or used in Brazil, but the final scope depends on the text enacted.
Is using generative AI at work already regulated?
Not by a specific law, but data protection, confidentiality, consumer and copyright rules already apply.
How Chambarelli Advogados can help
Our Regulation of New Technologies team and our Foreign Desk build AI governance programs aligned with the LGPD and monitor the regulatory debate in Brazil. Book a meeting with one of our partners.
Informational content, updated October 2026. It does not replace advice on your specific case.
