Brazil
AI Agent Legal Status: partial · Autonomy: moderate
Legal Framework
Brazil enacted the Marco Legal da IA (AI Legal Framework) establishing principles for AI development and use, including transparency, non-discrimination, and human oversight. The Central Bank is actively regulating crypto assets under a 2022 law delegating oversight to the BCB, while the CVM regulates securities-related digital assets.
Key Laws & Regulations
- ◆Marco Legal da Inteligência Artificial (PL 2338/2023)
- ◆Lei 14.478/2022 - Virtual Asset Service Providers regulation
- ◆LGPD - Lei Geral de Proteção de Dados (General Data Protection Law)
- ◆CVM Resolution 175 - investment fund tokenization rules
- ◆Central Bank Resolution 4.893 - crypto asset regulation
Business Formation
Foreign entities can register as Sociedade Limitada (Ltda) or Sociedade Anônima (S.A.). AI-driven entities would require a Brazilian legal representative. Business registration through Junta Comercial is mandatory. No autonomous AI entity recognition exists; a human or corporate sponsor is required.
Tax Implications
Corporate tax rate of 34% (15% IRPJ + 10% surcharge + 9% CSLL). Digital services face PIS/COFINS contributions. Crypto gains taxed as capital gains for individuals (15-22.5%) and as ordinary income for businesses. Transfer pricing rules apply to cross-border AI operations. Brazil is implementing OECD Pillar Two minimum tax.
Opportunities
Massive domestic market of 215M+ people with growing digital adoption. Drex CBDC pilot creating programmable money infrastructure. Open Banking/Open Finance ecosystem enabling API-driven financial services. Government AI procurement growing. São Paulo fintech hub attracting global investment.
Highlights
Largest economy in Latin America with a comprehensive AI regulatory framework under the Marco Legal da IA. Active fintech ecosystem with significant venture capital. Central Bank leading CBDC development (Drex). Strong academic AI research base at USP, Unicamp, and INPE.
Risks & Challenges
Complex and burdensome tax system with frequent regulatory changes. Bureaucratic business formation process. LGPD enforcement increasing with potential fines up to 2% of revenue. Political uncertainty around AI regulation scope. High cost of compliance for foreign entities.