🇧🇷Brazil

Risco de Penalidades por IA em Despacho de Campo (Lei nº 2.338/2023 - Regulação de IA)

Updated: Feb 20263 verified sources

Definition

Brazil's AI Act (Law 2338/2023, approved by Senate June 2025) classifies AI systems by risk. Field service dispatch AI falls into 'high-risk' if it: (1) affects technician safety/rights, (2) influences performance metrics tied to compensation, (3) determines service priority/allocation. Penalties for violations: simple fine up to R$50,000,000 per infraction; partial/total suspension of AI system development or deployment; public registration of violation.

Key Findings

Financial Impact: Quantified: R$50,000,000 (statutory maximum per infraction); Operational ban on AI system (100% revenue loss if dispatch is AI-dependent); Estimated compliance cost to remediate: R$200,000–R$1,000,000 (algorithmic audit, impact assessment, governance redesign)
Frequency: One-time penalty per violation; Ongoing risk during non-compliant AI operation (each infraction triggerable independently)
Root Cause: AI deployment without preliminary risk assessment (required by law before market deployment); No algorithmic impact assessment for high-risk systems; Missing governance/documentation requirements; No human-oversight procedures; Lack of explainability for automated dispatch decisions

Why This Matters

The Pitch: Robot manufacturing firms using undocumented AI dispatch algorithms risk R$50,000,000 in penalties. Proactive compliance (algorithmic audits, impact assessments, explainability frameworks) eliminates regulatory exposure and positions firms for government contracts requiring AI governance.

Affected Stakeholders

Chief Technology Officer, Product Manager, Data Science Lead, Compliance Officer, Legal/Risk

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multa por Não Conformidade com NR 12 - Validação Obrigatória e A.R.T.

Direct penalty: Machine sales prohibition and operational shutdown. Indirect: 15-30 business days delay per machine for CREA engineer assessment and A.R.T. issuance; typical CREA assessment cost R$ 2,000-8,000 per machine. Estimated capacity loss: 5-15 units/month × 3-6 month delays in product launches.

Atraso no Lançamento de Produto - Falta de Sincronização entre NR 12 e Certificação ISO/CE

Indirect: 60-120 calendar days product launch delay × 2-4 lost sales units/month = 10-40 units lost per quarter. Estimated value loss R$ 300,000-2,000,000 per delayed product line (assuming R$ 30,000-100,000 per collaborative robot unit). Manual compliance coordination overhead: 40-60 hours/month of engineering time (R$ 8,000-15,000/month).

Custo Brasileiro Ampliado - Documentação em Português + Validação CREA Duplicativa

Per-unit cost: R$ 15,000-43,000 in compliance overhead per machine (documentation + CREA assessment). For a 50-unit annual product line: R$ 750,000-2,150,000 incremental cost. Recurring cost from regulation changes: NR 12 updated 2-3 times annually, requiring documentation revisions (estimated R$ 20,000-50,000 per regulatory change).

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