AI and Elections: Brazil’s Sectoral Regulation in Comparative Perspective

In this article for the DCU Law & Tech blog, author Ana Luiza Marques explores Brazil’s emerging regulatory approach to artificial intelligence in elections, focusing on new rules adopted by the country’s Superior Electoral Court ahead of the 2026 general election. The measures were introduced in response to growing concerns about AI-generated disinformation, deepfakes, and the ability of generative AI systems to shape political opinions and electoral outcomes.

The article explains that Brazil’s electoral authorities have become increasingly active in combating digital misinformation following years of political polarization, attacks on democratic institutions, and concerns over the role of online platforms in spreading false narratives. Building on earlier regulations that banned deepfakes in political advertising and required labeling of AI-generated content, the new rules further restrict the use of AI tools in election campaigns.

A particularly significant innovation is the prohibition on AI assistants and chatbots expressing electoral preferences, ranking candidates, or making political recommendations, even when users explicitly request such information. Marques argues that this reflects a sector-specific regulatory approach focused on the unique risks AI poses within elections, where personalized and opaque AI-generated responses could exert substantial influence over voters.

The article concludes by comparing Brazil’s framework with approaches adopted in jurisdictions such as South Korea, Singapore, the United States, and the European Union. While Brazil’s election-specific rules are among the most comprehensive currently in force, the author notes that enforcement challenges remain significant and that sectoral regulation alone cannot address broader issues such as algorithmic transparency, political microtargeting, and AI governance. As a result, Brazil’s experience highlights both the value and the limitations of context-specific AI regulation in safeguarding democratic processes…

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