CNMP determines that members of the MP report on the use of AI to prepare or substantiate complaints, filings and other manifestations

The member of the National Council of the Public Ministry (CNMP) Rodrigo Badaró partially responded to the precautionary request of the Request for Measures authored by lawyer Fábio de Oliveira Ribeiro. He asked that Brazilian prosecutors and prosecutors be prohibited from using ChatGPT to prepare or substantiate complaints, archiving requests and other manifestations.

According to Badaró, who represents the Federal Council of the OAB in the collegiate, there is a concrete concern regarding data protection and the use of Artificial Intelligence (AI) without an institutional perspective from the Brazilian Public Ministry and the CNMP, as well as the need for a joint debate between attorneys general and the Attorney General of the Republic, aiming at technical mechanisms and guidance in the use of IA.

The Counselor, after having heard all the Public Ministries, and having suggested together with Counselor Moacyr Rey Filho a recommendation still under consideration by the plenary, granted the precautionary measure in the sense of necessary caution to avoid free use of AI technologies for institutional functions, without the knowledge of the Attorneys General and Internal Affairs, in addition to the Attorney General of the Republic himself, president of the Brazilian Public Ministry.

According to the advisor, the main basis for the decision was the need to be aware of the possibility of violation of fundamental rights, and seek symmetry and regulated and institutional use of tools and technologies.

Additional studies

As a complement, the reporting advisor requests the attorneys general of Justice of the states and the administrative heads of the branches of the Public Ministry of the Union to inform, within a period of up to 60 days, the president of the CNMP and the national inspector of the Public Ministry whether they are using or implementing an artificial intelligence system at an institutional level, sending them detailed information regarding the model and installation phase, following the example of the CNJ, which has the Sinapses system, where the courts feed the control body with information on the use and development of AI tools.

In addition to the reference to the Sinapses Platform, prepared by the National Council of Justice (CNJ), Badaró cites guidelines contained in the resolutions of the Superior Electoral Court (TSE) and the legislative proposals underway in the Federal Senate, noting the need to prepare studies aimed at institutionalization and the regulation of the use of artificial intelligence within its scope of action, as well as the immediate training of employees and members of the aforementioned body.

Independence of the MP

In his decision, Badaró also reiterates that he does not agree that members of the Brazilian Public Ministry are exposed to the risk of suffering intellectual influence from artificial intelligence, to the point of compromising the quality of their performance.

“The functional independence of the members of the Brazilian Public Ministry is of such importance that, not least, one of the competencies established by the Federal Constitution for this National Council is to ensure the functional autonomy of the Public Ministry (art. 130-A, § 2º , item I, of CF/88), and there is a procedure provided for in its Internal Regulations, specifically aimed at its preservation, that is, the Complaint for the Preservation of the Autonomy of the Public Prosecutor’s Office (art. 116 of the RICNMP)”, he adds.

Finally, without any prejudice to the functional independence of all members of the MP, but with a view to standardizing information from an institutional point of view, the advisor determined that: members of the Brazilian Public Ministry who use any artificial intelligence tool in their functional exercise to inform their respective General Inspectors within a period of up to 60 days regarding the use of artificial intelligence tools, indicating the scope of use, which tools and systems are used and how the sensitive data available in the processes are treated.