{"id":2403,"date":"2025-10-07T12:59:36","date_gmt":"2025-10-07T12:59:36","guid":{"rendered":"https:\/\/nietolawyers.com\/en\/?post_type=opinion-amp-analysis&p=2403"},"modified":"2025-10-07T12:59:37","modified_gmt":"2025-10-07T12:59:37","slug":"can-a-judge-use-chatgpt-what-colombias-constitutional-court-said-in-2024","status":"publish","type":"opinion-amp-analysis","link":"https:\/\/nietolawyers.com\/en\/opinion-&-analysis\/can-a-judge-use-chatgpt-what-colombias-constitutional-court-said-in-2024\/","title":{"rendered":"Can a Judge Use ChatGPT? What Colombia\u2019s Constitutional Court Said in 2024"},"content":{"rendered":"\n

In Colombia, a judge used ChatGPT to resolve a health case. The Constitutional Court stepped in and made it clear: artificial intelligence can be a support tool in justice, but it has strict limits.<\/p>\n\n\n\n

The Case: Decision T-323 of 2024<\/h2>\n\n\n\n
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A first-instance judge used ChatGPT to draft part of a ruling in a tutela (constitutional protection action) about a patient seeking access to a health service. The decision sparked debate: Can AI decide on fundamental rights? The Colombian Constitutional Court, in Decision T-323 of 2024, reviewed the case and set clear rules for the use of AI in the judicial system.<\/p>\n\n\n\n

What Did the Court Say?<\/h2>\n\n\n\n
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The Court did not ban AI but imposed strict boundaries under four key principles:<\/p>\n\n\n\n

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  • Complementarity: AI may support the judge, but it can never replace judicial reasoning.<\/li>\n\n\n\n
  • Transparency: judges must disclose if they used AI and explain its purpose.<\/li>\n\n\n\n
  • Proportionality: AI can only intervene in what is necessary, not in the core of the decision.<\/li>\n\n\n\n
  • Temporality: judges must continuously evaluate the risks of relying on AI.<\/li>\n<\/ul>\n\n\n\n

    Fundamental Rights at Stake<\/h2>\n\n\n\n
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    The Court emphasized that using tools like ChatGPT directly affects:<\/p>\n\n\n\n

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    • Due Process: parties must know how the decision was made.<\/li>\n\n\n\n
    • Right to Information: AI sources are not always verifiable.<\/li>\n\n\n\n
    • Equality of Arms: no party should be at a disadvantage because of opaque decisions.<\/li>\n<\/ul>\n\n\n\n

      Why Is This Important?<\/h2>\n\n\n\n
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      With this ruling, Colombia positions itself as a pioneer in judicial regulation of artificial intelligence in Latin America. The message is clear: AI can be a helpful tool, but it cannot replace human judgment or constitutional guarantees.<\/p>\n\n\n\n

      FAQs<\/h2>\n\n\n\n
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      Can a judge base an entire ruling on ChatGPT?<\/strong><\/p><\/div>

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       No. The Court made it clear that AI can only serve as support, never as the main source of the decision.
      <\/p>\n<\/div><\/div>\n\n\n\n

      What if a judge doesn\u2019t disclose the use of AI?<\/strong><\/p><\/div>

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       This could be considered a violation of due process because of a lack of transparency.
      <\/p>\n<\/div><\/div>\n\n\n\n

      Does this apply only to judges?<\/strong><\/p><\/div>

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       No. While the case involved the judiciary, the principles also guide other authorities and companies using AI in decisions that affect rights.
      <\/p>\n<\/div><\/div>\n<\/div><\/div>\n\n\n\n

      Thinking of entering or growing in the Colombian market?<\/h2>\n\n\n\n
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      The Sentencia T-323 of 2024 is a clear reminder: technology, AI, and business decisions in Colombia must align with strong legal frameworks.<\/p>\n\n\n\n

      At Nieto Lawyers, we help foreign startups, investors, and international companies understand and comply with Colombian regulations \u2014 from AI compliance and data protection to corporate structuring and market entry strategies.<\/p>\n\n\n\n

      Whether you\u2019re bringing your startup to Colombia, investing in local opportunities, or expanding operations, we\u2019ll make sure your projects are protected, compliant, and ready to grow.<\/p>\n\n\n\n

      [Schedule a consultation with our team today] and take your first step into Colombia with confidence.<\/p>\n\n\n\n\n\n