AI-Fabricated Case Law and the Ethical Standards of the Brazilian Bar Association
Abstract
This paper critically analyzes the ethical and legal responsibility of the legal profession in the face of the "hallucination" phenomenon in generative Artificial Intelligence systems, specifically regarding the creation of non-existent case law in procedural documents. Based on a legal-dogmatic study and analysis of paradigmatic cases in Brazilian and North American courts occurring between 2024 and 2025, the research demonstrates how the absence of specialized human review (AI complacency) violates core provisions of the Brazilian Bar Association (OAB) Statute and Code of Ethics, such as the duties of veracity, good faith, and professional diligence. Finally, the work proposes practical guidelines for prompt engineering and technical supervision to mitigate algorithmic risks and preserve the integrity of the administration of justice.
Fields of Study & Subjects
Artificial Intelligence in Law
Legal Education and Practice Innovations
Ethics and Social Impacts of AI
Publication details
- Journal / source
- Zenodo (CERN European Organization for Nuclear Research)
- Publication date
- 1 March 2026
- Language
- EN