Responsabilidad Patrimonial del Estado por Falla del Servicio Derivada del Uso Indebido de la IA en Colombia en la Administración de Justicia

Abstract

This article aims to analyze the State’s patrimonial liability arising from the improper use of artificial intelligence in Colombia, particularly within the administration of justice. From a legal perspective, it examines the risks associated with the incorporation of these technologies, especially those that may affect fundamental guarantees such as due process, the reasoning of judicial decisions, and judicial autonomy. The study is based on a qualitative legal methodology, supported by documentary review of normative, jurisprudential, doctrinal, and institutional sources, in order to identify the main regulatory developments, constitutional limits, and attribution criteria applicable to the use of artificial intelligence in the public sector. In this context, it is concluded that the improper use of artificial intelligence may lead to the configuration of unlawful damages attributable to the State, particularly under the theory of service failure, which requires the adoption of control, verification, and supervision criteria to ensure its responsible use in accordance with the rule of law.