Regulação da IA e seu impacto nas políticas e práticas de concorrência na América Latina

Abstract

This article seeks to analyze Artificial Intelligence (AI) regulation initiatives in Latin American countries - Argentina, Brazil, Colombia, Costa Rica, Mexico and Peru -, focusing on the potential effects and impacts of AI on competition. In this sense, we seek to answer whether there is a concern about competition expressed in the regulatory initiatives of these countries and how this concern is addressed. The research involves bibliographic review and qualitative and comparative analysis of official documents, such as bills and political guidelines. The study identifies theoretical pro- and anti-competitive effects associated with AI, establishing the basis for what will be observed in the comparative research. What can be seen is that these effects are addressed tangentially in the regulatory initiatives studied, with greater emphasis on transparency and explainability. In general, Latin American AI regulations show greater concern for the individual sphere, valuing the protection of fundamental rights and the ethical use of technology. The analysis also reveals that the objectives of regulators and antitrust authorities in Latin America may differ from the traditional standards of countries in the Global North, such as the United States and Europe.