FIJISHI EPL

Brazil's ANPD actively advocated for the role of primary AI regulator under Bill 2338 and President Lula signed a decree transforming the ANPD into an independent regulatory agency with full autonomy. Bill 2338 has no effective date as of May 2026 and remains pending in the Chamber of Deputies. The constitutional question of ANPD authority over AI separate from data protection remains unresolved. The LGPD trajectory suggests the first meaningful AI enforcement action may not occur until 2028 or 2029. Bill 2338 grants citizens the right to request explanations demand human review and contest automated outcomes within 15 days but no ANPD guidance specifies the constitutional command architecture that makes human review technically verifiable rather than administratively documented. Multi-stakeholder governance includes the Central Bank for financial AI ANATEL for telecom and ANS for health AI with coordination mechanisms for cross-sector systems unspecified. This paper documents the structural gap between the ANPD's institutional authority and the constitutional command standard required to make AI enforcement legally sustainable beyond the first appellate challenge.

Read paper: https://doi.org/10.5281/zenodo.20740067
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