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BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados

The bill also states that AI should: • respect people’s autonomy; • preserve people’s intimacy and privacy; • preserve the bonds of solidarity between peo - ple of different generations; • be intelligible, justifiable and accessible; • be open to democratic scrutiny and allow for debate and control by the population; • be compatible with maintaining social and cultural diversity and not restrict personal lifestyle choices; • contain safety and security tools that allow human intervention where necessary; • provide traceable decisions without discrimi - nation, prejudice or bias; and • follow governance standards that ensure ongoing management and mitigation of potential technological risks. The bill developing most rapidly is Bill No 2,338/2023, focusing on the responsible use of AI, the protection of fundamental rights and the safety of AI systems. Some view this bill as being excessively focused on risks, but this reflects concern regarding the protection of fundamen - tal rights, risk assessment and the liability of developers and operators of AI systems. As for deepfake technologies, they would fall under the definition of synthetic content modified or gener - ated by AI systems. For now, the protection of a person’s likeness, moral rights or equivalent rights is supported by the laws that are currently in place, like the Criminal Code, the Civil Code, the LGPD, etc. Since there is no AI regulation in force, high-risk applications like autonomous vehicles are not yet regulated. The use of drones is regulated by the National Civil Aviation Agency ( Agência Nacional de Aviação Civil ; ANAC), complement - ed by the National Telecommunications Agency

( Agência Nacional de Telecomunicações ; ANA - TEL) and the Department of Airspace Control ( Departamento de Controle do Espaço Aéreo ; DECEA). Autonomous operation of drones is not currently permitted, and regulations will likely eventually apply to the use of AI in commercial and delivery drones. Pending the regulation of AI in Brazil, and since there are no specific laws at present, other leg - islation, such as the Consumer Protection Code, may impact the way AI is used and dictate the rules and obligations for the parties involved, for example in relation to data privacy and internet use. 4. Internet of Things 4.1 Machine-to-Machine Communications, Communications Secrecy and Data Protection Decree No 9,854/2019 instituted the National Internet of Things (IoT) Plan to improve quality of life, foster competition, increase productivity and integrate Brazil into the international land - scape, among other objectives. Health, cities, industries and rural environments are priorities for IoT solutions. According to the National Internet of Things (IoT) Plan, the IoT serves as infrastructure for the provision of value-added services (VAS) through virtually connected devices based on evolving information and communication tech - nologies with interoperability, whereas machine- to-machine (M2M) communications systems are telecommunications networks, including access devices, for the transmission of data to remote applications with the aim of monitoring, meas - uring and controlling devices, the surrounding environment or networked data systems.

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