Copyright (c) 2025 Análisis Jurídico Político
Legal basis for the creation of algorithmic jurisdictions and legal backing of their smart decisions
The digitization of processes is an upcoming challenge of the globalized era where, in addition to making provisions to resolve legal disputes in reasonable time, rules and principles of mandatory application by those who administer justice must be established, avoiding the injury of fundamental rights of citizens who daily go to court. Despite the regional initiatives launched, it is still unknown how the elements of jurisdiction (notio, vocatio, coertio, juditium and executio) have to be reconfigured in the light of Digital Law, even more so, with the premise of ensuring the transformation of traditional judging to trials of a cybernetic nature. The objective of the present article represents the exploration of recent studies on technological inputs applied to the judicial apparatus, in order to provide the jurisdictional authorities with normative foundations during the use of algorithms, which allow the resolution of cases with an automated approach; likewise, legal parameters are shared on which the operators of justice can rely, at the moment of resorting to artificial intelligence in the projection or dictation of their verdicts. Based on the methods of bibliographical revision and exegetical interpretation, concrete results are developed with respect to the way in which the five elements of jurisdiction will be automatically readapted, being an important literary contribution in the construction of a next juridical discipline called Algorithmic Law and its Procedure.
Copyright (c) 2025 Análisis Jurídico Político
