Imposition of a fine for misuse of artificial intelligence in judicial proceedings.

A decision issued by the 3rd Labor Court of Mogi das Cruzes/SP rejected a motion for clarification filed by a company in the security and cleaning sector, imposing penalties for dilatory intent and bad-faith litigation , based on the finding that the petition was drafted in a generic and superficial manner, without due critical analysis by the signing lawyer, constituting misuse of artificial intelligence tools.

The judge highlighted that the motion presented standardized arguments, lacking specific justification, without precise indication of documents or defects susceptible to correction (error, contradiction, omission, or obscurity), indispensable requirements for the measure (Article 897-A of the CLT and Article 1,022 of the CPC). He also emphasized that the procedural document was based on erroneous premises and claims dissociated from the content of the judgment, which would demonstrate not only the lack of personalization but also the indiscriminate use of automated templates.

In his decision, Judge Matheus de Lima Sampaio emphasized that the use of technologies, including artificial intelligence, is admissible as a support tool, provided it is subject to the technical scrutiny of the lawyer, with adequate review and compatibility with the specificities of the concrete case. The conduct observed, however, caused unnecessary overload to the Judiciary and constituted disloyal behavior, in violation of the principle of cooperation (Article 6 of the CPC) and the duty of objective procedural good faith (Article 77, II, CPC).

Therefore, the court imposed a fine of 2% on the updated value of the case, due to its dilatory nature , and 5% for bad-faith litigation , to be paid to the opposing party.

The decision signals a trend towards accountability for the misuse of technological tools in legal practice, reinforcing that such instruments do not replace the critical, technical, and ethical performance indispensable to the practice of law.

Therefore, given this scenario, it is recommended that companies implement internal policies regarding the responsible use of artificial intelligence tools, especially in the legal sphere. Adopting objective guidelines can prevent inappropriate conduct by employees and avoid penalties such as those mentioned above.

Our team is available to guide and assist your company on this matter.