The criminal process mediated by artificial intelligence

• Autor(a) principal: Perilla Granados, Juan Sebastian Alejandro
• Data de Publicação: 2024
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/988
• topic: artificial intelligence; performance levels; decongestion of justice; digital transformation; digital criminal process; inteligencia artificial; niveles de desempeño; descongestión judicial; transformación digital; proceso penal digital

In the legal context, judicial congestion is due, among other causes, to the fact that the stages of the criminal process are led, almost exclusively, by human activity, generating significant wear and tear on the institutional structure. Therefore, this article seeks to answer this research question: can artificial intelligence be adopted as a strategy to decongest criminal jurisdiction marked by human performances from different levels and within the framework of state parameters typical of the current global context? To provide an answer, the performances of criminal law are systematized, which are classified into four levels: a first descriptive level, a second procedural level, a third argumentative level and a fourth strategic level. When analyzing each of these levels, it is considered on which occasions it is possible to link to artificial intelligence to a greater or lesser extent, suggesting support for human activity in order to fulfill the intended purposes from and for specific realities.