JUDICIAL DECISIONS MADE BY ARTIFICIAL INTELLIGENCE AND THE CONSTITUTIONAL PRINCIPLE OF TRANSPARENCY IN THE JUDICIAL PROCESS

Abstract

The purpose of this article is to analyze whether judicial decisions, made using artificial intelligence (AI), violate the principle of transparency with regard to the judicial process. Currently, there is a blatant concern about understanding how a response proposed by AI is constructed. It is known that artificial intelligence is trained with data that feeds it, input data, and provides elaborated responses, output data. Artificial intelligence learns from the data provided and is capable of achieving auto nomy with regard to the purpose for which it was created. However, it is not possible to clarify the constructive process of a decision made by an AI that uses machine learning, for example. On the other hand, when we talk about transparency, what immediately emerges in our thoughts is the crystalline clarity contained in a certain conduct or in the process that triggers something. The Principle of Transparency, elevated to the level of a constitutional principle, although not explicit in the Magna Carta, is essential as a means of participation and control of administrative acts, beneficial for the improvement of state conduct.