Verfassungsblog (Mar 2024)
Brazilian Judges Regulate Elections … and AI
Abstract
Brazil has new regulations on AI and election interference. Also, in Brazil, the judiciary oversees elections. As municipal elections are coming up, we face a quite unique situation of technological challenges, untested laws, and unusual institutional arrangements. Although innovative, these regulations are constrained in their effectiveness and indifference to broader regulatory debates concerning the regulation of AI, showcasing an uncomfortable relationship between judicial and legislative powers regarding digital policy in Brazil. Disregarding the complexity of AI, the regulations legitimise the expansion of the judicial branch's power to deal with digital threats to democracy while not fully engaging with how these threats materialise through the development and use of AI.
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