La transición a un sistema de justicia basado en precedentes vinculantes para la implementación de Inteligencia Artificial (IA) en la toma de decisiones judiciales en el Ecuador.

Abstract

Artificial Intelligence (AI) is becoming an increasingly important topic today and is the focus of significant studies across various fields. This paper aims to determine the difficulties posed by the current legal tradition under which the Ecuadorian legal system is structured for the implementation of the first expert legal system in Ecuador, that is, a system that implements AI and is capable of reasoning based on expert knowledge in law extracted from a knowledge base fed with relevant judicial information, and with the ability to resolve cases accordingly. To achieve this goal, the methodology employed follows an expository-argumentative development scheme, through which concepts related to the field of AI, such as expert systems, have been explored, along with two specific cases of AI implementation in the judicial systems of global powers subscribed to different legal traditions. The results of this research support the thesis of subscribing to a different legal tradition, specifically, that of Common Law, in order to lay solid legal foundationsfor the creation of the first expert legalsystem in Ecuador with the capability to resolve judicial disputes by applying AI reasoning. It is proposed that the SATJE be used as a knowledge base for such a system, fed by the binding jurisprudence to be issued by the specialized chambers of the Provincial Courts of Justice and reinforced by the unifying capacity of criteria held by the National Court of Justice.