Regulation of ai in the judicial process: challenges and opportunities in Latin America

Abstract

This paper examines the implementation of artificial intelligence (ai) in Latin America’s judicial systems, highlighting the necessary balance between the potential benefits and the ethical and legal challenges it poses. In the context of increasing digitalization, the study focuses on how ai can improve efficiency and consistency in the administration of justice while addressing issues such as algorithmic bias, lack of transparency, and data protection. Using a qualitative approach based on a literature review and comparative analysis of cases in Argentina, Brazil, Chile, Colombia, and Mexico, patterns were identified, and country-specific challenges and opportunities were assessed. The findings reveal that although ai has streamlined judicial processes, serious concerns remain about fairness and transparency in automated decisions, and there is an inadequacy in current legal frameworks to regulate these technologies adequately. The article proposes a robust and adaptive regulatory framework that incorporates principles of accountability, fairness, and human control, along with regional collaboration, to ensure that ai is used ethically and that it promotes justice in the Latin American justice system.