Justicia e Inteligencia Artificial Un Paralelo Artificial

Abstract

The present study constitutes a thematic analysis of the use of artificial intelligence within the Colombian legal system, specifically in the context of administrative contentious jurisdiction. It addresses general aspects related to the use of artificial intelligence, including the classification of its risk levels and the different legal and legislative approaches concerning its technical and formal implementation within the Colombian jurisdiction. Likewise, this paper develops a comparative analysis that brings together international and national perspectives regarding the application of artificial intelligence in the legal field. It demonstrates that these technological developments are not merely a matter of individual choice, but rather reflect an ongoing process of adaptation to something previously unfamiliar that has increasingly become part of our daily lives. In this context, artificial intelligence can no longer be regarded as something detached from everyday life, particularly when considering its increasingly complex applications, such as the administration of justice. As an intermediate point of analysis, the study examines the different positions advanced by the Honorable Constitutional Court, the Superior Council of the Judiciary, as well as various bills proposed by the legislative branch. As developed throughout the paper, artificial intelligence does not merely involve individual or systemic uses, particularly when considering its integration into a legal system that not only administers justice but may also have access to comprehensive databases containing information subject to confidentiality, data protection, and restrictions on the use of personal information. The foregoing leads to the conclusion that, although there may be an intention to refrain from adapting to the use of artificial intelligence, this technology has become intrinsic to our lives, much like a technological tsunami that captures our attention across virtually every aspect of our daily activities. It is therefore evident that the legal field is vulnerable to this wave and cannot escape it. Nevertheless, it is of vital importance to establish clear criteria for the use and implementation of artificial intelligence. However, it is not possible to properly address the use of AI without specific regulations establishing the necessary guidelines for the application of these new tools throughout the national territory. This concern becomes even more significant when considering the possibility of coordinated work between justice system officials and an artificial intelligence tool capable of accessing data protected under the right to habeas data. Nevertheless, not everything surrounding this issue is uncertain or problematic. The Congress of the Republic, recognizing the lack of comprehensive regulation concerning artificial intelligence and acknowledging the rapid expansion of this technology, has a duty to advance its regulation. Such regulation should not merely depend on rules emerging reactively in response to each difficulty encountered as society progressively faces situations involving the use and implementation of artificial intelligence.