ETO AGORA Brazil Federal Senate Bill of Law No. 5051, of 2019

Brazil Federal Senate Bill of Law No. 5051, of 2019

Proposed 2019-09-16 | Official source

Summary

Requires human supervision in AI systems and assigns civil liability for damages from AI usage to the supervisor. Requires state entities to train workers on AI and create specific workers' protection policies.

Key facts

🏛️ This document was proposed and/or enacted by an authority not tracked by name in AGORA but is now defunct. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the government, rather than the private sector.

📜 This document's name is Federal Senate Bill of Law No. 5051, of 2019. AGORA also tracks this document under the name Brazil Federal Senate Bill of Law No. 5051, of 2019.

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

Governance strategies (2)

Full text

  • This is an unofficial copy. The document has been archived and reformatted in plaintext for AGORA. Footnotes, tables, and similar material may be omitted. For the official text, visit the original source.
Bill of Law No. 5051 of 2019. BILL NO. , DE 2019 Establishes the principles for Artificial Intelligence usage in Brazil. THE NATIONAL CONGRESS decrees:
Art. 1 This law establishes the principles for Artificial Intelligence usage in Brazil. Art. 2 The subject of the Artificial Intelligence usage in Brazil is based on the recognition that it is a technology developed to serve people in order to improve human well-being in general, as well as: I – respect human dignity, freedom, democracy, and equality; II – respect for human rights, plurality, and diversity; III – the guarantee of protection of privacy and personal data; IV – transparency, reliability, and the auditability of the systems; V – human supervision.

Establishes nonexhaustive principles for AI in Brazil rooted in respect for human rights, transparency, and the protection of privacy and personal data.

Establishes nonexhaustive principles for AI in Brazil rooted in respect for human rights, transparency, and the protection of privacy and personal data.
Art. 3 The subject of Artificial Intelligence usage in Brazil aims to promote and harmonize the value of human work and economic development. Art. 4 Decision-making systems based on Artificial Intelligence will always be auxiliary to human decision-making. Paragraph 1. The type of human supervision required will be compatible with the type, severity, and implications of the decision submitted to the Artificial Intelligence systems. Paragraph 2. The civil liability for damages resulting from the usage of Artificial Intelligence systems will be attributed to its supervisor.

Specifies AI decision-making as auxiliary to humans, establishes that required human supervision will be compatible with the decisions submitted to AI systems, and attributes liability for AI damages to its supervisor.

Specifies AI decision-making as auxiliary to humans, establishes that required human supervision will be compatible with the decisions submitted to AI systems, and attributes liability for AI damages to its supervisor.
Art. 5 It is part of the guidelines for the performance of the Union, the States, the Federal District, and the Municipalities in the Artificial Intelligence development in Brazil: I – the promotion of education for mental, emotional, and economic development in harmony with Artificial Intelligence; II – the creation of specific policies for the workers' protection and training; III – assurance of the gradual adoption of Artificial Intelligence; IV – proactive action in regulating Artificial Intelligence applications;

Provides guidelines for promoting educational materials on AI and creating worker protection policies, which apply to the Union, the States, the Federal District, and the Municipalities.

Provides guidelines for promoting educational materials on AI and creating worker protection policies, which apply to the Union, the States, the Federal District, and the Municipalities.
Art. 6 The Artificial Intelligence applications by Government entities will seek the quality and efficiency of the services offered to the population. Art. 7 This Law enters into force after 45 (forty and five) days of its official publication.

Requires government AI applications to enhance service quality and efficiency for the population and states that the document goes into effect 45 days after publication.

Requires government AI applications to enhance service quality and efficiency for the population and states that the document goes into effect 45 days after publication.
JUSTIFICATION The adoption of systems based on Artificial Intelligence in the industry and the provision of services is a reality worldwide nowadays. This new technology, without question, could bring tremendous gains in productivity and improvements in quality. However, despite the advantages Artificial Intelligence can bring, its adoption also has associated risks. For that reason, one cannot recklessly adopt Artificial Intelligence without minimum regulation to provide the necessary guarantees for this transition. For that reason, this proposal is being introduced to establish the basic principles of Artificial Intelligence usage.
As can be noticed, it is not about stopping the advance of technology, but to ensure that this development occurs in harmony with the recognition of the value of human work, to promote the well-being of all. In terms of the proposal, it is worth mentioning that every Artificial Intelligence system will have the supervision of a human person in a way that is compatible with each application. In this way, it is possible to couple the advantages brought by this technological innovation with the required security, avoiding unwanted consequences caused by eventual mistakes of the automated system. In addition, to clarify any questions about liability for damages resulting from artificial intelligence systems, the project defines that the liability will always lie with the system’s human supervisor.
The proposal also establishes specific guidelines for the State’s performance, among which it is worth mentioning the creation of specific policies for workers’ protection and training. In this way, the intention is to mitigate any adverse effects of this new technology. By the above, the noble colleagues' collaboration is counted on to improve this proposal and achieve its approval. Meeting Room, Senator STYVENSON VALENTIM