From digitalization to artificial intelligence: legal trajectories of justice modernization

Abstract

Justice, a pillar on which the balance of any democratic society depends, requires substantial reconsideration considering contemporary transformations. This article aims to provide an assessment of the quantitative data acquired since the advent of judicial digitalization and to explore the prospects inseparable from artificial intelligence. A prescriptive legal methodology is employed to analyze the normative issues that may hinder the judiciary’s progress toward modernization, examining how law can offer adapted solutions to these unprecedented challenges. The results are structured around several strategic axes, including the reconciliation between the opening of public data and the protection of personal data through appropriate mechanisms, the encouragement of technological innovation while preserving the human dimension of justice, all within a normative framework that guarantees the rights of every actor in the judicial system, including litigants, traditional legal professionals, and new participants in the age of artificial intelligence.