DIGITAL JUDICIAL PROCESS AND ARTIFICIAL INTELLIGENCE: NEW FRONTIERS

Abstract

The present research faces the progressive application of artificial intelligence (AI) in the digital judicial process from the scope of procedural warrants of digital due process and digital defense on trial.

The method of procedural comparative law research about the sources of law, from constitutional and conventional to national and local legislation and procedural rules, as well as analyzing jurist’s doctrines from the legal dogmatic scope. Then, presents the application of the AI in the Judiciary differencing uses as: i) strong and weak applications, ii) human rights scope centered on human beings and their algorithmic dignity, digital identity, and the search of common good.

Besides, the analysis of the algorithmic justice from the predictive algorithm to the auxiliar algorithm viewed through the lenses of the judicial warrants, procedural principles, digital principles and rights, and ethical principles for algorithms centered on human beings.

The proposal is to set the topic for the application of AI on the civil digital process.