Hacia un derecho al debido proceso tecnológico

Abstract

In this paper, an analysis of two phenomena that are affecting our justice, such as digitalization and the implementation of Artificial Intelligence, is conducted with the aim of proving the need for a right to technological due process of law. The article begins with a description of digital technologies and an examination of its implementation in justice. Then, we propose three ways of classifying the algorithmic-legal tools that are affecting the process, which are the teleological criteria, the functional criterio and the technological design criterio. In sight of the possible effects of these technological developments, we highlight the general absence, so far, of proposals to face the threats through the right to due process of law. We conclude the urgency of adapting due process of law to the technological reality through the technological due process of law.