Cooperação regulatória internacional no Brasil: desafios e estratégias a partir da regulação dos dados pessoais e da inteligência artificial

Abstract

In regulatory matters that are cross-border (which go beyond nation-state borders) and cross-sector (which impact multiple economic sectors), domestic state regulation coexists in a complex and disaggregated order with actors of public, private, hybrid (intergovernmental-private and public-private) and transnational natures. This dissertation aims to understand the utility of International Regulatory Cooperation (IRC) for improving the efficiency and regulatory quality of the Brazilian Federal Public Administration in these matters, which challenge the traditional state apparatus due to their cross-border and cross-sector nature. For that purpose, it investigates the regulatory landscapes of data protection and artificial intelligence in Brazil, focusing on the shared regulatory space and the institutional arrangements in place (in the case of data protection) and proposed (in the case of artificial intelligence) concerning the Federal Public Administration. The research demonstrated the need to implement IRC mechanisms, given the cross-border and cross-sector nature of the regulated matter. There are, however, challenges to the implementation of IRC mechanisms in Brazil, which will vary according to the local reality. In addition to identifying these challenges, the study suggests strategies to assist the public administrator in implementing IRC in regulatory practices, such as regulatory sandboxes and public policy prototyping.