THE REGULATION OF ARTIFICIAL INTELLIGENCE IN BRAZIL: A DESCRIPTION AND ANALYSIS OF BILL No. 2.338/2023 IN COMPARATIVE PERSPECTIVE WITH INDIA

Resumo

This article describes and analyses the principal legislative initiative for the regulation of artificial intelligence (AI) in Brazil, Bill No. 2.338/2023, situating it within the broader ecosystem of Brazilian AI bills and contrasting it with the regulatory approach adopted by India. The hypothesis, confirmed throughout the analysis, holds that Brazil has opted for a horizontal, risk-based and rights-centred model strongly influenced by the European Union’s AI Act and articulated around a dedicated national architecture of regulation and governance, whereas India has chosen a principle-based, pro-innovation and techno-legal model that relies upon pre-existing legislation and sectoral regulators rather than upon a single statute. The two trajectories thus illustrate divergent regulatory philosophies within the Global South, each carrying distinct implications for the protection of fundamental rights, for innovation and for digital sovereignty. The methodology combines bibliographic, descriptive and deductive review; the descriptive-analytical segment maps the Brazilian legislative timeline up to mid-2026 and demonstrates that the comparison with India exposes at once the strengths of a binding framework and the costs it may impose, thereby offering subsidies for the refinement of the Brazilian model.