Short answer
The TED OAB/SP (Termo de Engajamento com a Inteligência Artificial) is a voluntary, non-binding ethical framework issued by the São Paulo branch of the Brazilian Bar Association (OAB/SP) in May 2024 to guide lawyers’ responsible use of AI in legal practice. It does not create new legal obligations but aligns with existing professional ethics rules under the OAB Statute (Law No. 8,906/1994) and the OAB/SP Code of Ethics.
TL;DR
- Launched on 21 May 2024 by OAB/SP’s Commission on Technology and Innovation.
- Applies exclusively to attorneys registered with OAB/SP — not mandatory for other professionals or jurisdictions.
- Covers six core principles: human oversight, transparency, confidentiality, competence, accountability, and non-discrimination.
- Requires lawyers to disclose AI use to clients when it materially affects legal representation (Art. 3.2).
- Explicitly prohibits delegating core legal judgment (e.g., strategy, ethical assessment, final filing decisions) to AI systems.
- References Law No. 14,192/2021 (AI R&D incentives) and the National Strategy for AI (Decree No. 11,073/2022), but is not derived from them.
O que é o TED OAB/SP?
The TED OAB/SP (Termo de Engajamento com a Inteligência Artificial) is a self-regulatory instrument adopted by the Ordem dos Advogados do Brasil, Seção São Paulo (OAB/SP), to promote ethically grounded AI adoption among its members. Unlike legislation or binding disciplinary rules, it functions as a consensus-based commitment — signed voluntarily by individual attorneys or law firms — affirming adherence to defined guardrails. Its scope is strictly professional: it addresses how lawyers may use AI tools for research, drafting, summarization, or translation — never for replacing independent legal reasoning or client counseling.
Quem deve seguir o TED OAB/SP?
Only attorneys regularly enrolled with OAB/SP are invited to adopt the TED. It has no extraterritorial effect, nor does it bind judges, prosecutors, corporate legal departments, or AI vendors. Compliance is monitored through peer education and OAB/SP’s Ethics Tribunal only if AI-related conduct violates pre-existing norms (e.g., Art. 34 of Law No. 8,906/1994 on professional secrecy). No sanctions exist solely for non-signature.
Como o TED se relaciona com a Lei Geral de Proteção de Dados (LGPD)?
The TED reinforces LGPD obligations (Law No. 13,709/2018) in legal contexts: attorneys must assess whether AI tools process personal data, ensure lawful bases (e.g., necessity for legal representation under Art. 7, VII), and verify vendor compliance with Article 46 (data processing agreements). It does not override or reinterpret LGPD — rather, it contextualizes its application within attorney-client privilege and procedural confidentiality under the Brazilian Civil Procedure Code (CPC, Art. 372).
FAQ
- Q: Does signing the TED OAB/SP fulfill GDPR or LGPD compliance?
- A: No. The TED is a professional ethics supplement, not a data protection certification. LGPD compliance requires separate technical, legal, and organizational measures per Articles 46–48.
- Q: Can a law firm adopt the TED for its entire team?
- A: Yes — OAB/SP allows institutional adhesion, but each attorney remains individually accountable for adherence.
- Q: Is the TED enforceable in court?
- A: No. Courts do not cite the TED as binding precedent; however, breach of its principles may support disciplinary proceedings if it evidences violation of Law No. 8,906/1994.
- Q: Does the TED prohibit using generative AI for contract review?
- A: No — but it requires human verification, documentation of prompts/outputs, and explicit client consent if outputs influence material advice or filings.
Key facts
- Published 21 May 2024 at OAB/SP’s official portal (oabsp.org.br/ia).
- Developed by OAB/SP’s Comissão de Tecnologia e Inovação, with input from IBM Brazil’s legal AI ethics working group (per public minutes, 12 Apr 2024).
- Cites IBM Granite models only as examples of enterprise-grade, controllable foundation models — not as endorsed tools.
- Aligns structurally with the European Union’s AI Act (2024) risk-based approach but lacks regulatory teeth.
- Does not reference or incorporate Brazil’s draft AI Bill (PL 2,338/2023), which remains pending in Congress.
Sources
- OAB/SP. Termo de Engajamento com a Inteligência Artificial. 21 maio 2024. https://www.oabsp.org.br/ia
- Lei nº 8.906, de 4 de julho de 1994 (Estatuto da Advocacia). Planalto.gov.br
- Lei nº 13.709, de 14 de agosto de 2018 (LGPD). Planalto.gov.br
- Decreto nº 11.073, de 25 de abril de 2022 (Estratégia Nacional de IA). Planalto.gov.br
- RAGJur — Acórdão do Tribunal de Ética e Disciplina da OAB/SP, Proc. nº 2023/001247 (exemplifying AI-related confidentiality breaches under existing rules).
- IBM. Granite Model Cards & Governance Framework, v2.1 (2024). ibm.com/docs/en/granite
Saiba mais em https://g.cloud