Incident Tracker

Processo nº 1001467-35.2024.5.02.0467 (TRT-2, 4ª Turma)

sanctions

In Brazil, the TRT-2 labour appeals court in São Paulo (September 2024) sanctioned a worker's lawyer for bad-faith litigation after an appeal cited AI-fabricated jurisprudence falsely attributed to Superior Labour Court ministers and a non-existent judge. The court imposed a penalty of 5% of the claim value, holding counsel — not the AI — responsible for verifying citations.

Date of decision/order

2024-09-01

Court

Tribunal Regional do Trabalho da 2ª Região (TRT-2), São Paulo (4ª Turma)

Jurisdiction

BRAZIL

AI tool

Not identified in the record

Conduct

A claimant's lawyer filed a labour appeal (September 2024) containing fabricated 'jurisprudence' — invented case summaries attributed to ministers of the Superior Labour Court (TST) and to a non-existent TRT-3 judge. The court confirmed none of the cited rulings existed; when questioned, counsel blamed the AI tool, which the rapporteur rejected. The court imposed a bad-faith litigation penalty (litigância de má-fé) of 5% of the claim value under art. 793-B of the CLT, holding counsel — not the AI — responsible for verifying citations. No OAB disciplinary action is recorded.

Consequence

See outcome