Digital Law and AI: Training Legal Professionals for the Future

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Artificial intelligence is transforming entire professions, and the law is no exception: training lawyers who are ready for a digital future is an urgent need in Brazil.

The Digital Revolution and Its Impact on Legal Education

We are living through a profound transformation of the traditional professions, and the law sits at the center of it. Artificial intelligence already automates tasks that once took hours of human work, from reviewing contracts to screening court cases. Given this landscape, we need to rethink how we train the professionals who will work at the intersection of technology and regulation.

We have observed that the vast majority of law schools in Brazil still follow curricula built for an analog world. Subjects such as Digital Law, personal data protection, and the regulation of artificial intelligence appear only timidly in course catalogs, when they appear at all. This gap creates a dangerous mismatch between academic training and the real demands of the job market. Recent graduates arrive at law firms and courtrooms without the basic vocabulary needed to handle issues involving algorithms, data privacy, and civil liability for automated decisions.

Internationally, concrete steps toward adaptation are already under way. European and American universities have added required legal technology modules (known as “Legal Tech”) to their undergraduate and graduate programs. In Brazil, similar initiatives are starting to emerge, but they remain fragmented and concentrated in a handful of academic centers. The question is no longer whether this curricular change will happen, but when and how it will be effectively carried out.

The Legal Framework for Artificial Intelligence and the Demand for Specialists

The legislative debate over regulating artificial intelligence in Brazil has gained momentum in recent years. Bills are moving through the National Congress with the aim of establishing principles, rights, and obligations for the development and use of AI systems. This legislative activity is creating growing demand for legal professionals who understand both the technical aspects of the technology and its regulatory consequences.

We believe that the complexity of AI regulation calls for professionals with an interdisciplinary profile. Knowing the Civil Code or the Consumer Protection Code is not enough. You also need to understand how machine learning algorithms work, what the risks of algorithmic bias are, and how chains of responsibility are structured when an automated decision harms a citizen. This combination of technical and legal knowledge presents an unprecedented training challenge for educational institutions.

The General Data Protection Law (Law 13.709/2018) has already shown the impact that technology legislation can have on the legal market. Since it took effect, demand for lawyers who specialize in privacy and data protection has risen sharply. Firms have created entire departments devoted to the subject, and professionals who invested early in this training have won prominent positions. We expect the same phenomenon to repeat itself (and with even greater intensity) once AI regulation is consolidated in Brazil’s legal system.

Training lawyers for the digital future is not just an academic matter. It is a strategic necessity if the regulation of artificial intelligence in Brazil is to be technically sound and socially responsible.

The ANPD (Brazil’s National Data Protection Authority) has also been expanding its scope to cover automated decision-making and artificial intelligence, which reinforces the need for qualified professionals who can engage with regulators on highly complex technological issues.

Essential Skills for the Lawyer of the Digital Future

We have identified a set of skills that we consider indispensable for legal professionals who want to work in technology and artificial intelligence. The first is advanced digital literacy. This does not mean knowing how to use basic computer tools, but understanding concepts such as neural networks, natural language processing, cloud computing, and systems architecture. That knowledge lets a lawyer talk with engineers and developers on equal technical footing.

The second skill worth highlighting is the ability to carry out comparative regulatory analysis. AI regulation is a global phenomenon, and the approaches taken by the European Union (with the AI Act), the United States, and China offer valuable lessons for the Brazilian context. A professional who commands this comparative perspective can anticipate regulatory trends and advise clients more strategically.

The third essential skill is a deep understanding of ethics as applied to technology. Issues such as algorithmic bias, transparency in automated decisions, mass surveillance, and behavioral manipulation through algorithms call for a perspective that goes beyond traditional legal technique. The lawyer of the digital future must be able to build ethical arguments on solid philosophical grounds, translating abstract principles into concrete legal standards.

Beyond these skills, we stress the importance of knowledge in data governance and digital compliance. Organizations that develop or use AI systems need internal governance structures that ensure compliance with the applicable rules. A legal professional who understands those structures can serve as a bridge between technical departments and senior management, making sure innovation stays within legal limits.

Paths to Interdisciplinary Training

We recognize that curricular change at law schools is slow and faces institutional resistance. Even so, there are already viable paths for professionals who want to prepare for this new landscape. Graduate programs in Digital Law and Technology have multiplied in Brazil, offering specialized training in topics such as regulation of digital platforms, intellectual property in AI-generated works, and algorithmic civil liability.

Extension courses and international certifications are also relevant options. Organizations such as the Berkman Klein Center (affiliated with Harvard University) and the Oxford Internet Institute offer programs open to professionals from different countries, focused on internet governance and the regulation of emerging technologies. Although many of these programs are taught in English, the language barrier can be overcome with dedication, and the professional payoff tends to justify the investment.

As for practical training, we have observed that internships and immersion programs at technology companies provide valuable experience for developing lawyers. Understanding how software is developed, taking part in product design discussions, and living through the ethical dilemmas that arise day to day at a technology company are experiences that no theoretical course can fully replace.

Another promising path is active participation in research groups and legal innovation labs (so-called “Legal Innovation Labs”), which bring together researchers in law, computer science, and other fields to investigate regulatory solutions to contemporary technological problems. These collaborative spaces foster interdisciplinary knowledge and prepare participants for the real challenges of professional practice.

Regulated Sectors and Concrete Opportunities

The regulation of artificial intelligence will not unfold uniformly across every sector of the economy. Areas such as health care, finance, transportation, and public safety have their own characteristics that call for specific regulatory approaches. Each of these sectors creates distinct opportunities for specialized legal professionals.

In health care, assisted-diagnosis algorithms and clinical decision-support systems raise complex questions about medical liability, informed consent, and the protection of patients’ sensitive data. A lawyer who understands the particulars of the health care system and the requirements of ANVISA (Brazil’s National Health Surveillance Agency) for AI-based medical devices holds a privileged position in this market.

In the financial sector, automated credit scoring systems, AI-based fraud detection, and algorithmic financial advice (so-called “robo-advisors”) are already a reality. Regulating these systems involves the Central Bank, the Securities and Exchange Commission (Comissão de Valores Mobiliários), and other sector regulators. Professionals who combine knowledge of financial law with an understanding of artificial intelligence will find a rapidly expanding market.

We also see significant opportunities in the public sector. Federal, state, and municipal governments have been adopting AI systems to streamline public services, from screening administrative requests to allocating resources in social policies. Regulating these applications requires special attention to the principles of public administration (legality, impersonality, morality, publicity, and efficiency) and to the fundamental rights of citizens affected by automated decisions.

We believe that legal professionals who position themselves strategically in these sectors will have a vast field of work ahead of them in the coming decades. The regulation of artificial intelligence is not a one-time event but an ongoing process that will keep pace with the evolution of the technology itself.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.