Use of AI
Knowing employment of algorithmic systems to create or deploy synthetic content.
How the laws define this
Both legislative proposals establish that AI involvement in criminal conduct triggers enhanced legal consequences when an AI system is knowingly deployed to facilitate, carry out, or assist an offense. Where the instruments diverge is in their legal mechanism and scope of application. Project 8746/2024 sets an operational threshold for culpability focused on specific deceptive or harmful activities, such as generating simulated audio, video, or biometric media, automating mass communications for fraud, or producing illicit content, while explicitly distinguishing these from lawful development or academic research. Conversely, Project 10525/2024 establishes a statutory aggravating circumstance, granting judges discretion to increase custodial penalties by up to one third above the statutory maximum whenever an AI system materially aids any stage of a crime, including planning, execution, dissemination, or concealment.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
Definitions (2)
Operational definition used for penal application: the intentional use of algorithmic or AI systems to (a) generate or transform audio, voice, image, video or biometric simulations of a real person; (b) automate deployment or amplification of communications at scale for fraudulent or harmful intent; or (c) produce or distribute sexual, defamatory or illicit content intended to cause harm. Culpability under the draft is triggered when such AI use is knowingly employed to facilitate the commission of a crime and is distinguished from lawful development or academic uses.
A statutory aggravating circumstance permitting a judge to increase custodial penalties by up to one third above the statutory maximum when an offense was committed through, or materially facilitated by, an AI system—including where AI meaningfully aided planning, execution, dissemination, or concealment of the illegal act.
Related Terms
Use through artificial intelligence (por medio de inteligencia artificial)
The notion of committing or facilitating a crime via AI systems....
AI-generated multimedia content
Multimedia content produced or assisted by AI....
illicit dissemination of AI-generated or altered content (Art. 612‑quater c.p.)
Criminal offence for harmful distribution of falsified AI content....
Automated decision making with legal or similarly significant effects
Automated decisions altering legal status or similarly significant interests....
Improper use
Closed list of prohibited harmful or deceptive uses of generative AI....