Silva Cordeiro v. Municipio de Santana do Parnaiba
São Paulo State Tribunal · Jul 25, 2025
What happened in this matter?
The court sanctioned the lawyer for bad faith litigation by imposing a fine of one minimum wage and ordering a referral to the OAB for professional disciplinary review, following the submission of fabricated legal citations generated via AI.
- Why the court cared
- The court reasoned that the submission of non-existent precedents constitutes bad faith litigation under Art. 80, V of the CPC, as it misleads the judiciary and hinders the efficient administration of justice. The court cited the STF's Reclamação 78.890 as precedent for treating AI-generated false citations as grounds for both procedural sanctions and disciplinary referrals to the OAB.
- Why it matters now
- Brazilian courts now auto-notify OAB for fabricated quotes; assume any false citation triggers a disciplinary referral.
Why this matter is tracked
In an interlocutory appeal, the São Paulo State Tribunal sanctioned a lawyer for bad faith litigation after the party submitted fabricated case law citations. The court determined that the lawyer used AI to generate non-existent quotes attributed to the STF and STJ to support a request for reinstatement of a public servant. The court found that the cited precedents either did not contain the quoted passages or were entirely unrelated to the subject matter. Consequently, the court dismissed the appeal due to procedural desertion, imposed a fine of one minimum wage for bad faith litigation under the Brazilian Civil Procedure Code, and ordered the notification of the OAB (Brazilian Bar Association) for potential disciplinary action.
Brazilian courts now auto-notify OAB for fabricated quotes; assume any false citation triggers a disciplinary referral.
Record details
What the record establishes about AI use
The court explicitly identified the use of AI in the creation of the petition.
Interlocutory appeal (Agravo de Instrumento) dismissed by the 6th Public Law Chamber of the São Paulo State Tribunal.
Correction behavior is not separately verified in the current record.
Tracked discrepancy record
3 citation, quotation, or authority issues are recorded in the source dataset.
- False Quotes: Case Law | Quote attributed to STF RE 378.041; court found the phrase absent and no mention of Lei 8.437/92 in that judgment.
- False Quotes: Case Law | Quote attributed to STJ REsp 1.200.000/SP; court found that case is a monocratic decision about justiça gratuita and does not contain the quoted passage; even the suggested RMS 35.905/MG lacks such foundation.
- False Quotes: Case Law | Quote attributed to ADI 4.296/DF about 'inversão hierárqurica'; court found the ADI addressed Lei 12.016/09 and the quoted passage is not in the ruling.
Questions this record answers
- What happened in Silva Cordeiro v. Municipio de Santana do Parnaiba?
- The court sanctioned the lawyer for bad faith litigation by imposing a fine of one minimum wage and ordering a referral to the OAB for professional disciplinary review, following the submission of fabricated legal citations generated via AI.
- Why does Silva Cordeiro v. Municipio de Santana do Parnaiba matter for legal AI risk?
- Brazilian courts now auto-notify OAB for fabricated quotes; assume any false citation triggers a disciplinary referral.
- What does the public record establish about Silva Cordeiro v. Municipio de Santana do Parnaiba?
- The record summarizes the outcome described in the linked public source. The recorded document is hosted in the upstream publisher archive. This page is not a substitute for the complete docket, subsequent history, or jurisdiction-specific advice.
- Which source supports this Silva Cordeiro v. Municipio de Santana do Parnaiba summary?
- The recorded source is Damien Charlotin case archive. It is classified as publisher document archive; review the linked material and subsequent docket history before relying on this summary.
Related matters
Related by court, jurisdiction, tool, or classified failure pattern. Similarity does not imply the same facts or outcome.