Resumen

MERA., Juan Carlos Valladolid; VIDAL., Tania Muñoa  y  VALENCIA., Yolange Dioclesiana Véliz. Automation of justice: Can an algorithm replace a judge?. Revista San Gregorio [online]. 2024, vol.1, n.60, pp.127-135. ISSN 2528-7907.  https://doi.org/10.36097/rsan.v1i60.3222.

The use of Information and Communication Technologies (TIC), and algorithms, are imposed today in terms of digital governance, which is why this article addresses this problem, focusing on terms of administration of justice, with the aim of analyzing the implications ethical and legal reasons for an algorithm to replace a judge in making judicial decisions. The research was developed under a qualitative approach, with support in data collection that consisted of a literature review or state of the art, and comparative legal analysis. The results indicate the risk of violating fundamental procedural rights and principles such as effective judicial protection, due process and the principle of equality when AI is used in the judiciary. In this way, conclusions were obtained that, despite the benefits of the implementation of algorithms in judicial processes, these should be taken as streamlining tools and not as a direct replacement, this due to the rationality required by the role of the judge in the administration of justice and the humanization that axiologically characterizes it and that under no circumstances should be distorted.

Palabras clave : Justice administration; digital governance; artificial intelligence; judges; ICT.

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