Tribunal de Justiça de São Paulo (36ª Câmara de Direito Privado)
Apelação Cível nº 1032884-04.2025.8.26.0224 (Auto Green Veículos Ltda v. Rafael Cuba de Morais Calado), Comarca de Guarulhos
Sanctioned · 13 August 2026
What was fabricated
The plaintiff's lawyer used a generative AI tool, without any critical review or checking, to create non-existent jurisprudential precedents in the initial petition, in order to bolster her arguments. The court recorded the fabrication as an uncontested fact (“fato incontroverso”) because it was never specifically challenged in the reply or in the responses to the appeal, and had already been recognised at first instance. The plaintiff's answer on appeal was that “the appeal debate should stick to the facts and the substantive law, not the technological instruments used in drafting the pleadings” — an argument the panel rejected. The judgment states no count of fabricated precedents; no figure is asserted here, by decision rather than oversight.
What happened as a result
Judgment of 13 August 2026, Rel. Des. Lidia Conceição, unanimous. Litigância de má-fé found under arts. 80, V and 81, §2 of the CPC; fine set at 2% of the updated value of the cause. On final judgment the court ordered copies of the decision sent to the Conselho Federal da OAB and to OAB/SP. The panel held the conduct “compromises the integrity of the judicial debate” and violates the duties of loyalty, probity and good faith, the Advocacy Statute (Law 8.906/1994) and OAB Federal Council Recommendation No. 1/2024, which requires human supervision of generative tools. The court cited STF (Rcl 78890 AgR) and STJ (HC 1.023.732/BA) precedent on the same point. The sanction is a percentage; the judgment does not state the resulting cash amount, and the R$180,590 appearing in the decision is the restitution of the vehicle price, a different figure.
Sources
- https://www.damiencharlotin.com/documents/2848/20260000779792.pdf
- https://www.damiencharlotin.com/hallucinations/
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