AI regulation in Brazil: laws & policy (2026)

Legal framework

Bill PL 2338/2023 ('Marco Legal da Inteligência Artificial') — approved by the Federal Senate in December 2024, pending final vote in the Chamber of Deputies (rescheduled to February 2026). No comprehensive AI law is yet in force; the National Data Protection Authority (ANPD) is designated as the future coordinator of the proposed National System for the Regulation and Governance of AI (SIA). In parallel, Brazil has a non-binding national strategy (EBIA, Portaria MCTI 4.617/2021) and the Plano Brasileiro de Inteligência Artificial (PBIA) 2024–2028.

Key points: artificial intelligence in Brazil

1. 01Comprehensive bill pending (PL 2338/2023)

   The Senate approved PL 2338/2023 on 10 December 2024 and sent it to the Chamber of Deputies. The Special Committee reported the text but the plenary vote has been postponed to February 2026, so the 'Marco Legal da IA' is not yet law.

   loc.gov www2.camara.leg.br

2. 02Risk-based structure inspired by the EU AI Act

   The bill classifies AI into excessive-risk (prohibited, e.g., government social scoring, subliminal manipulation), high-risk (regulated, e.g., critical infrastructure, health, credit, hiring, biometric ID) and other systems, with obligations for algorithmic impact assessments, human oversight, transparency and documentation for high-risk systems.

   dataprivacybr.org cms.law

3. 03SIA governance with ANPD as coordinator

   PL 2338/2023 sets up the Sistema Nacional de Regulação e Governança da IA (SIA), a networked framework in which the ANPD is the coordinating authority and residual regulator, alongside sectoral bodies (Anatel, Anvisa, Anac, Aneel, Bacen, etc.). Fines can reach BRL 50 million per infraction or 2% of Brazilian turnover.

   whitecase.com cgmlaw.com.br

4. 04ANPD activity under existing LGPD

   Even without a dedicated AI law, the ANPD supervises AI-related personal data processing under the LGPD (Law 13.709/2018). Its 2026–2027 Priority Themes Map (Dec. 2025) and the updated 2025–2026 Regulatory Agenda list AI and emerging technologies — including facial recognition, recommender systems and generative AI — as top enforcement priorities. Provisional Measure 1.317/2025 turned the ANPD into an independent regulatory agency with stronger enforcement powers.

   insightplus.bakermckenzie.com cadeproject.org

5. 05National AI strategy (EBIA)

   The Estratégia Brasileira de Inteligência Artificial (EBIA) was instituted by Portaria MCTI No. 4.617 of 6 April 2021 (amended by Portaria 4.979/2021). It is a non-binding policy document with 3 transversal and 6 vertical axes covering ethics, R&D, workforce, application in productive sectors and public administration.

   oecd.ai gov.br

6. 06Plano Brasileiro de IA (PBIA) 2024–2028

   In July 2024 the Lula government launched the Plano Brasileiro de Inteligência Artificial 2024–2028 ('IA para o Bem de Todos'), a BRL 23 billion investment plan structured around five axes (infrastructure, workforce, applied research, business innovation and public services) coordinated by the MCTI and the Comitê Interministerial de IA.

   gov.br gov.br

Timeline of decisions

1. 14 Oct 2025Guidance
   ANPD selects participants for AI regulatory sandbox

   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

2. 29 Apr 2025Law · official
   Chamber of Deputies creates special committee for AI bill

   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

3. 1 Nov 2024Guidance
   ANPD publishes preliminary study on generative AI

   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

4. 30 Aug 2024Enforcement · official
   ANPD lifts suspension on Meta's AI data training

   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

5. 30 Jul 2024Guidance · official
   Government launches Brazilian AI Plan (PBIA 2024-2028)

   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)

6. 2 Jul 2024Enforcement · official
   ANPD orders Meta to halt AI training on user data

   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

7. 1 May 2023Law
   Senate introduces AI bill PL 2338/2023

   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

8. 1 Feb 2022Law
   Senate installs commission of jurists on AI (CJSUBIA)

   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

9. 30 Sept 2021Law · official
   Chamber approves first AI legal framework (PL 21/2020)

   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

10. 6 Apr 2021Guidance · official
    Brazil publishes national AI strategy (EBIA)

    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

Sources

1. 1.loc.gov/item/global-legal-monitor/2025-05-23/brazil-senate-advances-discussio
2. 2.www2.camara.leg.br/atividade-legislativa/comissoes/comissoes-permanentes/ccom/noticias/c
3. 3.dataprivacybr.org/en/the-artificial-intelligence-legislation-in-brazil-technical-analys
4. 4.whitecase.com/insight-our-thinking/ai-watch-global-regulatory-tracker-brazil
5. 5.cms.law/en/int/expert-guides/ai-regulation-scanner/brazil
6. 6.cgmlaw.com.br/en/brazilian-bill-regulating-the-use-of-artificial-intelligence-is-ap
7. 7.insightplus.bakermckenzie.com/bm/intellectual-property/brazil-anpd-publishes-map-of-priority-issues
8. 8.cadeproject.org/updates/brazils-data-protection-authority-sets-enforcement-priorities
9. 9.oecd.ai/en/dashboards/policy-initiatives/brazilian-ai-strategy-2027
10. 10.gov.br/mcti/pt-br/acompanhe-o-mcti/transformacaodigital/plano-brasileiro-de-
11. 11.gov.br/lncc/pt-br/assuntos/noticias/ultimas-noticias-1/plano-brasileiro-de-i