BETWEEN INNOVATION AND RISK:

Artificial Intelligence (AI), particularly generative AI, is considered revolutionary and disruptive technology and, as such, has the potential to rapidly replace other technologies. Its rapid installation in social reality represents a challenge to the regulatory capacity of economic blocs and States. While it expands human capabilities in knowledge production, task automation, and content creation on an unprecedented scale, its use raises macro-structural risks related to fundamental rights, democracy, the world of work, and the environment. This article analyzes the European Artificial Intelligence Regulation (EU AI Act 2024/1689) and Brazilian Bill No. 2338/2023 and aims to identify mechanisms for addressing the risks associated with AI and evaluate their sufficiency in protecting fundamental rights. Based on Ulrich Beck’s concept of a risk society, we examine the difference between predictive (specialized) AI and generative AI and then analyze the risks to fundamental rights posed by these technologies. A significant convergence was found between the European and Brazilian regulatory frameworks, both grounded in risk-based proportional regulation and the centrality of fundamental rights protection. However, relevant gaps were identified: in the European model, challenges persist in regulating general-purpose (GPAI) systems and in the practical implementation of supervisory mechanisms; and in the Brazilian model, the absence of a clearly defined competent authority, insufficient technical standards for explainability, and deficiencies in the proportionality of sanctions. We concluded that, although consistent at the normative level, the European and Brazilian regimes still require additional regulation, greater institutional capacity for implementation, and stronger practices by independent authorities to ensure the effectiveness and immediate justiciability of fundamental rights in the context of artificial intelligence and its risks.