The Superior Council of the Judiciary (CSM) filed a disciplinary proceedings to a judge of the Lisbon Court of Appeal (TRL), suspected of having resorted to artificial intelligence (AI) in the preparation of a judgment. The decision was made after completing a preliminary investigation opened in February.
In a statement revealed by the Lusa agency, the CSM confirmed that the plenary received the report of investigation and deliberated the opening of disciplinary proceedings, without advance details, because it is confidential matter. “The Superior Council of the Judiciary confirms that the plenary received the report of the preliminary investigation related to the indicated case and deliberated the establishment of disciplinary proceedings“It reads in the statement issued by the agency.
The case originated in a complaint filed by the 12 defendants’ defense lawyers in a lawsuit involving the former PSD deputy Helena Lopes da Costa and Santa Casa da Misericórdia de Lisboa. The lawyers pointed out that the judgment in question cited non -existent legislation and jurisprudence and requested the investigation of the alleged use of AI.
Initially, The TRL considered it “misplaced” The allegations on the use of artificial intelligence by Judges Alfredo Costa, Hermengarda do Valle-Frias and Margarida Ramos de Almeida. However, after complaints from the defenses, the court eventually corrected the judgment, keeping the decision, but without clarifying the doubts raised.
The defenses considered that the rectification did not solve the failures, but worsened them. In a document, lawyers Rui Patrício, Paulo Sá and Cunha and Tiago Rodrigues Bastos, among others, argued that the “glaring and obvious” errors were not explained and that new incongruities emerged.
The CSM had already refused to pronounce on the initial complaint, considering that the matter was still being considered by TRL. However, the urgency of legislative reform on the use of AI tools in the courts was pointed out at the time.