Dialogues Between Brazil and the U.S.: Should AI Be Regulated?

The New York State Bar Association (NYSBA) International Section's Corporate Counsel Committee and its Brazil Chapter, in collaboration with the Fundação Getulio Vargas (FGV), invite you to a high-level discussion on the promises and perils of Artificial Intelligence.

AI technologies are reshaping the way we work, learn, and interact, creating new efficiencies but also amplifying risks of bias, opacity, and discrimination, particularly for historically marginalized groups. In the United States, despite intense congressional debate, no comprehensive AI legislation has yet been enacted. The “Big Beautiful Bill,” or Budget Reconciliation Bill, initially included a ten-year moratorium on state AI regulations, later struck out after broad opposition, while other federal initiatives continue to emphasize innovation and regulatory restraint. In this legislative vacuum, several states have advanced their own frameworks, focusing on high-risk and frontier AI systems, automated decision-making, and chatbot transparency.

In contrast, Brazil has been moving toward a centralized and stricter regulatory approach. Existing statutes, such as the Consumer Protection Code, the General Data Protection Law (LGPD), and the Civil Rights Framework for the Internet, already provide a partial foundation for AI governance. Building on this base, the Brazilian Senate approved Bill 2338/2023, now before the Chamber of Deputies, which would establish comprehensive national rules for AI development, deployment, and accountability.

This event will explore how policymakers, legal practitioners, and industry leaders can balance innovation with responsibility, prevent systemic harms, and draw lessons from these divergent regulatory trajectories in the U.S. and Brazil.

Key Discussion Points:

• The tension between innovation and regulation, including debates on regulatory moratoria
• Comparative approaches to AI regulation in the United States and Brazil
• Opportunities and perils of AI in workplaces and universities
• Risks for marginalized communities and consumer protection concerns
• Transparency and design challenges in AI governance
• Policy recommendations for proactive, design-stage and iterative regulatory oversight

Speakers:

• Prof. Olivier Sylvain, Professor of Law, Fordham University School of Law
• Prof. Alexandre Pacheco da Silva, Professor of Law, FGV Direito SP