La IA y el derecho administrativo: Alcance, Límites y Responsabilidades

Abstract

This article analyzes the impact of the use of Artificial Intelligence (AI) in disciplinary proceedings in Colombia. The use of AI entails improvements in the substantiation of proceedings, while also reducing the risk of prescription of disciplinary actions. However, its application involves technical, ethical, and legal challenges that must be addressed with responsibility and rigor. Among the risks are possible errors in decision-making, violations of privacy, unlawful disclosure of personal data, and infringements of procedural guarantees established in disciplinary regulations. Based on a literature review, the fundamental concepts of AI, its origin and evolution, as well as the limited regulation existing in Colombia are identified, in contrast with the regulatory progress in Brazil through Bill No. 2338 of 2023. The analysis was supported by academic literature, case law, and current legislation, thereby constructing arguments backed by qualitative evidence. As a result, it is shown that Artificial Intelligence can be used as a support tool in the analysis of cases and legal precedents, and assist in the drafting of disciplinary decisions through the analysis and interpretation of the case based on the evidence collected during the proceedings. Nevertheless, it is concluded that it is urgent to establish regulatory frameworks that clearly define the scope, limits, and responsibilities of the disciplinary authority, the investigated party, and AI providers, with the purpose of ensuring proceedings that fully respect the fundamental rights of those subject to disciplinary action.