El principio de precuacion y la inteligencia artificial en la administracion de justicia

Abstract

This work arises from the emergence of generative artificial intelligence in the judicial scene, not only as a promise of greater efficiency and access to justice, but also as a potential source of legal and ethical complexities, as it poses significant challenges due to the inherent risks associated with its accuracy, impartiality and reliability, this as Artificial Intelligence begins to play a more active role in judicial processes, from support in administrative matters, through the evaluation of evidence to decision-making, risks can lead to negative consequences, both for the individuals involved in the judicial processes and for the administrative and extracontractual liability of the Colombian State, so under this context, it is intended to propose how said context of responsibility could be limited and it is there, where we frame ourselves in exploring and analyzing the precautionary principle, which is presented as a vital analytical framework to address these challenges within the current technological context, given that it is no secret that the public administration faces a significant challenge in managing risks inherent to its operations. The failure to adequately manage these risks has led to countless lawsuits against the State. It must be clarified that artificial intelligence is no longer a concept of the future but a tangible reality that is part of our present.