Sequência: Estudos Juridicos e Politicos (Feb 2023)

The proposal of the european regulation on artificial intelligence

  • Everton Menengola,
  • Emerson Gabardo,
  • Nancy Nelly González Sanmiguel

DOI
https://doi.org/10.5007/2177-7055.2022.e91435
Journal volume & issue
Vol. 43, no. 91

Abstract

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On 21 April 2021, the European Commission published its proposal for regulating AI (Artificial Intelligence Act - AIA. It is a pioneering legislative proposal that will undoubtedly influence other countries to follow the same path. This study aims to highlight the fundamental characteristics of the AIA to enable an overview and optimize aspects of the law. We used the descriptive exploratory method, based on bibliographic research, where we sought, from the database of the "Portal Periódicos Capes/MEC” and "Google Scholar", to make a comprehensive research of scientific articles that brought in their titles the terms Artificial Intelligence, Artificial Intelligence Act, AI regulation, data governance, hard regulation, and soft regulation. From the literature review analysis, it can be seen that the European Commission has made an option for hard regulation and that the AIA proposes a risk-based approach, imposing regulatory burdens only when an AI system is likely to pose high risks to fundamental rights. It was also concluded that the AIA seeks to prevent the suffocation of technology by allowing the development of an AI ecosystem in the European Union.

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