Between the “Brussels effect” and the “Trobriand cricket”: Brazil–European Union normative transfers in AI and copyright regulation

Abstract

This article critically compares the artificial intelligence (AI) regulatory frameworks of Brazil and the European Union (EU), with particular emphasis on copyright. It relies on bibliographic and documentary research (2018–2025) and applies a comparative, legislative legal method. The discussion is framed by the “Brussels Effect”: the EU disseminates standards through the Artificial Intelligence Act (AI Act), whereas Brazil absorbs them via contextual adaptation, exemplified by Bill 2338/2023. Within this framework, the guiding hypothesis posits that Europe’s regulatory pioneering, embodied in the AI Act, influences Brazil through the “Brussels Effect”, but that such influence materializes via local adaptations—captured by the anthropological “Trobriand Cricket” metaphor developed by Sally Engle Merry and Maurer—, making copyright regulation the most sensitive domain and suggesting that, although distinct, the Brazilian and European structures tend to complement each other. Findings reveal convergence on fundamental rights, algorithmic transparency, and accountability, yet significant divergences in intellectual property governance: the AI Act imposes risk‑proportional obligations, while the Brazilian proposal devises remuneration schemes tailored to domestic particularities. The article concludes that effective global harmonization of AI regulation demands transnational dialogue merging Europe’s normative influence with local legal translation: uncritical adoption may stifle innovation, whereas context‑sensitive transfers, in Trobriand fashion, balance technological progress and rights protection. Future comparative research should extend to other regulatory models to explore how different approaches to AI governance may converge or diverge and influence international interoperability.