La inteligencia artificial generativa y la justificación en la decisión judicial

Abstract

The judicial decision today faces a new challenge, the use of generative artificial intelligence as a creator of unreal facts or legal acts, or real with modifications or alterations, transformed reality to an artificial or synthetic one. The means of proof have increased and the analysis of the technological element is essential to justify the accreditation of a fact or legal act through the evidence that is evaluated by the judges. These means of proof need to be duly assessed, so we intend to determine the need to establish the minimum criteria of certainty, reliability and legal certainty that a judge must consider to justify his judicial decision, looking for what is valid, true and fair in the scientific technological element.