The association emphasizes the importance of advancing the debates, both in the National Congress and by the MCTI, around legislation and national strategy for the theme
ABES – Brazilian Association of Software Companies – assesses that the law sanctioned by the State of Ceará that imposes human supervision to all Artificial Intelligence (AI) systems, without any application criteria or distinction, brings legal uncertainty and inhibits innovation . According to the association, the possible risk-based approach of an artificial intelligence system would be more appropriate.
Rodolfo Fücher, President of ABES, ponders that, in the impetus of the state of Ceará to take the lead by legislating AI, the state can stay out of technological advances. “A misinterpretation of the law can make a series of solutions unfeasible, from delivery applications to critical solutions such as security or related to health. The risk of legalization will make the state less attractive for investments, especially in the promising startup market”, says the executive.
AI systems are tools to increase human capacity. Therefore, a safe environment is needed both for companies to invest and innovate, and for citizens to consume and take full advantage of technology. ABES argues that a broad debate is needed in the definition of concepts and technical definitions, with the objective of avoiding possible interpretations that could harm innovation and the development of technology and, consequently, Brazil's ability to be competitive.
For Loren Spíndola, coordinator of the ABES AI WG, adopting artificial intelligence brings many challenges. She points out that organizations are likely to face a number of barriers along the system's maturity curve, from lack of market skills to process change. “I believe that the role of public authorities is to facilitate innovation, with an enabling environment for the development and adoption of technology. The centralization of the Union for exclusivity in regulating the subject is fundamental to avoid multiplicity of rules and regulators in states and municipalities, which will certainly bring legal uncertainty and impact the insertion at the national level of developers, especially small ones", he explains the executive.
The rapporteurships of bills 21/2020, in the Chamber, and 872/2021, in the Senate, organized public hearings and had the opportunity to see how much the topic still needs to be better detailed and debated, with the whole society. “We need to guarantee a fertile soil for the growth of companies and generate more research and development so that Brazil does not put a brake on the advancement of technology and remains technologically competitive”, he emphasizes.
In parallel, ABES considers important the legislative efforts at the Federal level, highlighting the role of the Brazilian Strategy for Artificial Intelligence - EBIA, recently launched by the Federal Government aiming to "guide the actions of the Brazilian State in favor of the development of actions, in its various aspects that encourage research, innovation and development of solutions in Artificial Intelligence, as well as their conscious, ethical use and in favor of a better future”. Among the axes defined for structuring priority measures in the context of the EBIA, dozens of civil society entities, under the management and governance of the Ministry of Science, Technology and Innovation, have been working on the topic of Legislation, Regulation and Ethical Use of AI . For the association, the actions to be implemented as part of the EBIA will reflect the debates necessary for AI regulation to advance with maturity and understanding of its opportunities and complexities.
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