Brazil - National AI Strategy (Portaria MCTI No. 4.617)

Overview

The Estratégia Brasileira de Inteligência Artificial (EBIA) is Brazil's official strategic framework for the development, adoption and governance of artificial intelligence. Instituted by Portaria MCTI No. 4.617 of 6 April 2021 and amended by Portaria MCTI No. 4.979 of 13 July 2021, EBIA was prepared through technical consulting, benchmarking and a public consultation that received roughly one thousand contributions. The strategy establishes five guiding principles adapted from the OECD AI Recommendation and defines nine thematic axes (three transversal and six vertical) intended to guide public action in research, capacity building, ethical design, infrastructure and sectoral applications. The full reference document and annex with the 73 strategic actions are available from the MCTI repository and official EBIA PDF (EBIA - full PDF) as well as described on the MCTI AI page (MCTI - AI).

Definitions

EBIA does not create novel legal definitions but relies on commonly used technical and policy meanings: "artificial intelligence" as a set of technologies and methods (machine learning, deep learning, expert systems, computer vision, NLP, etc.); "governance" as institutional arrangements for coordination, monitoring and updating of policy; "PD&I" (Pesquisa, Desenvolvimento e Inovação) referring to research, development and innovation activities; and "observatory" as a data and evidence platform for monitoring deployments. The strategy emphasizes human oversight, explainability and the distinction between research/development activities and deployed production systems that could affect people or public services.

Governance and Institutional Framework

Under EBIA the MCTI is the central coordinating body charged with creating governance instances and practices to prioritise, implement, monitor and update strategic actions. The governance model set by the Portaria envisions a networked structure combining MCTI, the MCTI/EMBRAPII technology and innovation network, invited institutions from academia and industry, and thematic subcommittees. EBIA recommends public reporting of implementation progress and regular review of the strategy's periodicity. The Portaria and repository provide the legal/administrative basis for these structures (Portaria MCTI No. 4.979/2021 and the MCTI strategy pages). Implementation has also generated specific platforms and initiatives such as the Observatório Brasileiro de Inteligência Artificial (OBIA) hosted by NIC.br and partners (OBIA).

Key Focus Areas

EBIA's nine axes span transversal concerns (governance of AI; ethics, regulation and civil rights; infrastructure and data governance) and sectoral priorities (education and skills for a digital future; workforce qualification; PD&I and entrepreneurship; sectoral application in production sectors; public sector applications; and public/security uses). Key focus areas include: (1) expanding PD&I and centers for applied AI; (2) workforce qualification and curricula reform; (3) public sector adoption of AI with human oversight and transparency; (4) data ecosystem development (including open data and data-sharing protocols mindful of privacy/LGPD); (5) cybersecurity and model robustness; (6) ethics, bias mitigation and fairness; (7) standards and testing frameworks; (8) support for SMEs and startups via incentives and sandboxes; and (9) international cooperation and standard-setting. These focus areas are articulated through 73 strategic actions in the annex, addressing research funding, infrastructure, observatories, regulatory experimentation, and capacity building. The strategy consistently references Brazil's adherence to international recommendations such as the OECD AI Principles and stresses alignment in multilateral fora.

Implementation Framework

Implementation responsibility sits primarily with MCTI backed by invited institutions and partner networks (e.g., EMBRAPII network, academic centers and sectoral ministries). The Portaria assigns MCTI duties to: (i) create governance instances and practices, (ii) coordinate actions to enable EBIA implementation, (iii) invite public/private/academic institutions to support priority actions, (iv) prepare implementation evaluation reports, (v) publicly publish evaluation reports on the Ministry website and (vi) periodically assess the need to update EBIA. The strategy proposes concrete mechanisms such as the establishment of thematic subcommittees, creation of applied research centers, calls for proposals, registry of initiatives, regulatory sandboxes for experimentation, and an observatory for monitoring AI deployment and impacts. These measures aim to link funding, capacity and regulatory experimentation to sectoral uptake while safeguarding rights and promoting transparency (MCTI EBIA page).

Monitoring and Evaluation

EBIA mandates periodic reporting and evaluation by MCTI. The strategy envisages monitoring via an observatory and publication of progress reports, metrics on PD&I, capacity building targets, and sectoral adoption indicators. The document emphasises iterative review: the strategy should be updated according to technological and social developments. MCTI is required to make evaluation reports publicly available and to coordinate with invited institutions to collect evidence and indicators for monitoring. The OBIA and other data platforms are intended to supply empirical inputs for assessment and policy adjustment.

Penalties, Liability, and Appeals

EBIA is a policy/strategy instrument and does not itself establish administrative penalties or a prescriptive liability regime. It directs that compliance, risk mitigation and accountability be pursued through non-binding guidance, standards development, and alignment with existing legal frameworks. Where legal liability or sanctions are applicable, EBIA points to existing instruments such as consumer protection law, the General Data Protection Law (Lei Geral de Proteção de Dados - LGPD) and sectoral regulation; enforcement and recourse remain the domain of those statutes and sectoral regulators (for example the National Data Protection Authority - ANPD). EBIA also indicates the development of accountability practices (documentation, impact assessments and auditability) that can feed into future regulatory or legal processes.

Relationship to Other Instruments

EBIA is positioned as part of Brazil's broader digital policy architecture. It builds on earlier digital-government and transformation strategies (e.g., the Estratégia Brasileira para a Transformação Digital - E-Digital) and interacts with sectoral laws and instruments including the LGPD (Law No. 13.709/2018), consumer law, public procurement rules, standards initiatives and international commitments such as OECD adherence. The Portaria references the E-Digital strategy and decrees that frame government digital policy. EBIA is designed to be complementary to, and to inform, instruments that do carry binding legal effects while itself serving as a strategic roadmap and coordination mechanism.

International Alignment

From its inception EBIA explicitly aligns with international principles and recommendations, notably the OECD AI Principles which Brazil has endorsed. It calls for international cooperation on research, standards, interoperability, and ethical guidance, and signals Brazil's intention to participate in multilateral fora, to adopt international best practices, and to contribute to global standard-setting. EBIA also encourages the adoption of technical standards and test methods compatible with international norms to facilitate trade, interoperability and shared risk management approaches. These elements are intended to ensure that Brazil's AI ecosystem remains interoperable with international markets and consistent with human-rights-centred standards (OECD AI Principles).

Implementation Timeline

Sources and References