O uso da inteligência artificial pelo advogado: desafios ao dever de diligência e implicações ético-disciplinares

Abstract

This study aims to analyze the legal and ethical-disciplinary risks and consequences arising from the use of artificial intelligence by the Brazilian legal profession, with particular attention to the duty of diligence, human oversight, and the professional responsibility of lawyers for any damages caused by the improper use of these technologies. It is based on the premise that the technological turn has reconfigured legal rationality, shifting technology from the position of an external support tool to that of a means through which Law is interpreted and applied, thereby requiring a regulatory framework capable of reconciling innovation and responsibility. An exploratory and bibliographic approach is adopted, through a review of legal scholarship, scientific articles, legislation, and related regulations, using the deductive method and proceeding from the general principles governing the practice of law to investigate the specific implications of the use of artificial intelligence. The research identifies concrete risks, such as algorithmic hallucinations, prompt injection, breaches of professional confidentiality, and the reproduction of discriminatory biases, which have already materialized in Brazilian judicial decisions imposing sanctions on lawyers. It concludes that artificial intelligence should be understood as a tool to support human activity, rather than as a substitute for it, with legal judgment remaining non-delegable and liability for damages remaining with the professional who uses it. The duty of diligence, grounded in digital literacy, therefore plays the role of the principal critical filter for the responsible use of these tools in legal practice.