There is no specific rule and/or case law covering how generative AI tools impact attorney-client privilege in Brazil. Recently, the Federal Council of the Brazilian Bar Association issued a recommendation (001/2024) that (a) explicitly warns that the use of generative AI tools shall not compromise confidentiality/attorney-client privilege and (b) advised that lawyers must avoid inputting sensitive client data into AI systems without an explicit guarantee of data protection and confidentiality. This recommendation also encourages lawyers to get consent from their clients about the use of the AI, including the nature of the technology, the processing of personal data, etc.

The principles and scope of attorney-client privilege (section 3) continue to be applied in the AI environment, which means that recordings of communications made by third parties (like Zoom/Teams meeting recordings) and other AI communications may destroy the privilege. If the meeting is about a sensitive matter, we recommend labeling the corresponding invite and limiting the number of participants (a lawyer must attend the meeting). Also, we recommend getting the client's consent to use AI tools and not inputting sensitive information into these systems.