BrazilMarco Legal da Inteligência Artificial (PL 2338/2023), identificação biométrica à distância
Before the second chamber, dated , as of .
An AI prohibited practices rule.
As of .
Where it has got to
The text described here is Autógrafo do Senado Federal, the text approved by the Senate on and sent to the Chamber of Deputies. That print is PL 2338/2023, published .
Locally, this stage is Comissão Especial da Câmara dos Deputados, aguardando parecer do relator (Special Committee of the Chamber of Deputies, awaiting the rapporteur's report).
The stage above is recorded at www.camara.leg.br.
The Senate approved a substitute text on and the Chamber of Deputies received it on . The Chamber's record shows the bill in its Special Committee awaiting the rapporteur's report, with other artificial intelligence bills joined to it through September 2026, and no committee report or plenary vote recorded.
What it requires
- This bill has not been enacted and binds no one yet; as the Senate approved it, developing, implementing or using an AI system for remote biometric identification in real time in spaces accessible to the public would be prohibited, except for a criminal investigation or proceeding under prior reasoned judicial authorization, the search for crime victims and missing persons or a grave and imminent threat to life or physical integrity, flagrante delicto of crimes punishable by more than two years of imprisonment, and the recapture of escaped defendants and execution of warrants ordered by the Judiciary.
- If the bill is enacted as approved, adopt measures to curb the use of your AI system for the prohibited cases, and keep any excepted use proportional and strictly necessary to the public interest, with due process of law and judicial control.
- If the bill is enacted as approved and you are a public body or a company running a public service, follow the bill's principles and governance measures, and carry out an algorithmic impact assessment, before using a biometric system for identification.
These lines are LexLint's reading of the law's text, as of .
What this law does
Article 13 of the Senate-approved text prohibits the development, implementation and use of AI systems in the cases it lists. Item IV of Article 13 lists systems for remote biometric identification, in real time, in spaces accessible to the public.
The prohibition excepts four cases: a criminal investigation or proceeding under prior reasoned judicial authorization, the search for crime victims and missing persons or a grave and imminent threat to life or physical integrity, flagrante delicto of crimes punishable by more than two years of imprisonment, and the recapture of escaped defendants and the execution of arrest warrants and restrictive measures ordered by the Judiciary.
Article 13, paragraph 1 requires developers of AI systems to adopt measures to curb the use of their systems for the cases the article describes. Article 13, paragraph 2 requires use of a system under item IV to be proportional and strictly necessary to the public interest, with due process of law and judicial control.
Article 23, paragraph 1 requires a public body's use of biometric systems for identification to follow the bill's principles and governance measures and to be preceded by an algorithmic impact assessment.
When LexLint raises it
When your app profile says your app processes biometric data.