Gobernanza Algorítmica: incidencias en la responsabilidad del Estado por decisiones judiciales basadas en inteligencia artificial

Abstract

The implementation of artificial intelligence in the administrative and judicial activities of the Colombian State is transforming the way public services are provided by public administration and, gradually, within the justice system in its broadest sense. Consequently, the purpose of this systematic review article, complemented by a comparative analysis, is to explore how the incursion of artificial intelligence-based systems has influenced decision-making through what has been termed algorithmic governance in the administrative domain. Furthermore, this rapid technological evolution leads to considerations about the liability regime and the legal attribution standard when these systems are employed in the judicial public function and result in unlawful harm. The research methodology is socio-legal, combining case analysis to contextualize the phenomenon of intelligent algorithms in decision-making, their influence on the application and evolution of the law, and facilitating the study of relevant cases.