Governança global da inteligência artificial: soberania e harmonização regulatória

Abstract

Artificial Intelligence has established itself as the defining technology of the current era, driving innovations and regulatory challenges on a global scale. This research aims to investigate the Global Governance of Artificial Intelligence, with an emphasis on the dilemmas between state sovereignty and regulatory harmonization. Developers, industrial and professional associations, academia, states, international organizations, standard-setting entities, non-governmental organizations, and civil society participate in the construction of a dynamic regulatory framework that combines hard and soft law. This process results in a normative mosaic composed of private self-regulation, state regulation, national strategies, international treaties and agreements, recommendations from multilateral organizations, and ethical declarations. Given this fragmented scenario, this research is based on the hypothesis that sovereignty and regulatory harmonization proposals are central elements for understanding the consolidation of an emerging Artificial Intelligence Law. Regarding sovereignty, states remain the main actors in artificial intelligence regulation, particularly in protecting strategic interests and regulating the digital economy. In this context, two approaches stand out: data sovereignty (or data localization), which imposes restrictions on the international flow of information, and the (anti)sovereignty of open-source codes, which challenges traditional models of control over technology. Conversely, regulatory harmonization emerges as an alternative to mitigate normative conflicts and facilitate international cooperation. This harmonization can be analyzed from three main perspectives: principled, through the adoption of global guidelines and ethical principles; substantive law, through the creation of common regulations that ensure minimum protective standards; and Private International Law, which plays a strategic role in defining connecting factors, resolving normative conflicts across different jurisdictions, and establishing mechanisms for international legal cooperation. In this sense, Private International Law is examined as a central discipline for the global governance of artificial intelligence, with the potential to provide flexible legal instruments that allow the coexistence of multiple regulatory approaches. By analyzing the tensions between sovereignty and harmonization in the context of artificial intelligence regulation, this research aims to contribute to the debate on the formation of a legal framework capable of addressing contemporary technological challenges. The global governance of artificial intelligence requires a regulatory model that balances normative diversity and international cooperation. However, for this model to be effective, regulation must remain dynamic and adaptable, ensuring the ability to keep pace with the rapid evolution of technological innovations and respond to emerging challenges in the digital age.