Inteligencia Artificial y su incidencia en el debido proceso

Abstract

Due process is a rule of fundamental law and a positive provision to preserve legal certainty. Furthermore, it is seen as a jurisdictional institution that configures procedural guarantees within a judicial action. However, its relationship with artificial intelligence has a special meaning in modern constitutional states. This article will analyze the hermeneutical-procedural impact on the administration of justice and the relationship and connection between due process and artificial intelligence. This was conducted using analytical and descriptive methodology. As preliminary conclusions, it is established that a new legal practical reason is associated with the necessary and non-contingent relationship between law and AI. Four points will be specifically answered: (i). Due process and its structure as a fundamental procedural norm in jurisprudence systems. (ii). What is artificial intelligence applied to law: Theoretical and conceptual perspectives (iii). Judges and the administration of justice mediated by AI: new meta-normative systems and their judicial hermeneutics. and (iv). Algorithmic jurisprudence: The artificial judicial decision and its procedural impact on the administration of justice.