Argentina - Jujuy - AI Use Protocol (Acordada N° 31/2025)

Overview

The "Protocolo para el uso de la Inteligencia Artificial en el Poder Judicial de Jujuy" (Protocol for the Use of Artificial Intelligence in the Judiciary of Jujuy) represents a significant step by the Argentine province of Jujuy to integrate advanced technological solutions into its justice system. Approved by Acordada N° 31/2025 of the Supreme Court of Justice of Jujuy on April 7, 2025, this document serves as a comprehensive guideline for the responsible, ethical, and efficient deployment of Artificial Intelligence (AI) and related technologies within the provincial judiciary. Its core objective is to harness the transformative potential of AI to streamline judicial processes, enhance operational efficiency, and ultimately improve the delivery of justice, while rigorously upholding fundamental rights, ensuring transparency, and safeguarding data privacy. The protocol reflects a proactive approach to technological adoption, acknowledging both the opportunities and the inherent challenges that AI presents in a sensitive domain like the judiciary. It seeks to establish a clear roadmap for innovation that is grounded in principles of accountability, human oversight, and continuous adaptation to technological and normative advancements.

The promulgation of this Protocol is a direct outcome of broader initiatives within the Jujuy judiciary aimed at modernization and digital transformation. It is closely linked to the establishment of the Laboratorio de Innovación Judicial (INLAB), created by Acordada N° 154/2024 on December 2, 2024. INLAB is envisioned as the central hub for evaluating, developing, and overseeing AI applications, ensuring that all implementations are thoroughly assessed for their impact and effectiveness before being integrated into the judicial workflow. The Protocol mandates a structured approach to AI adoption, including a prerequisite for all AI systems to undergo a comprehensive evaluation and authorization process. This cautious yet progressive stance is further reinforced by a strong emphasis on mandatory training for all judicial personnel, covering not only the technical aspects of AI but also critical considerations such as data protection, confidentiality, and the ethical implications of using advanced algorithms in legal decision-making. By setting these clear parameters, the Jujuy judiciary aims to foster an environment where AI can serve as a powerful tool for justice, without compromising the integrity, fairness, or human-centric nature of legal proceedings.

Definitions

To ensure clarity and consistent understanding across all stakeholders, the Protocol implicitly or explicitly relies on several key definitions pertinent to its scope and application. Inteligencia Artificial (IA) refers broadly to systems designed to simulate human cognitive functions, such as learning, problem-solving, and decision-making, within the context of judicial operations. This encompasses a range of technologies from automated document analysis to predictive analytics, all intended to assist or enhance the work of judges, prosecutors, and administrative staff. The Protocol's focus is on ensuring these systems are used responsibly and ethically. The Poder Judicial, or Judicial Power, specifically denotes the judicial branch of the Province of Jujuy, including its Supreme Court, lower courts, and all associated administrative bodies and personnel. This definition establishes the jurisdictional boundary and the institutional framework within which the Protocol operates, making its provisions binding for all entities and individuals within this provincial judicial system.

An Acordada is a formal resolution or decree issued by a superior court, such as the Supreme Court of Justice of Jujuy. These instruments carry the force of law within their specific domain and are used to establish internal rules, procedures, or to make official pronouncements. In this context, Acordada N° 31/2025 is the legal instrument that formally approved the Protocol, giving it binding authority, while Acordada N° 154/2024 was instrumental in creating the institutional framework for AI innovation. The Laboratorio de Innovación Judicial (INLAB), or Judicial Innovation Laboratory, is a crucial institutional innovation established by Acordada N° 154/2024. INLAB is an internal body within the Poder Judicial de Jujuy specifically tasked with researching, developing, evaluating, and overseeing the implementation of new technologies, particularly AI, to optimize judicial processes. Its mandate includes assessing the impact and effectiveness of AI tools and proposing updates. The Sistema Integral de Gestión Judicial (SIGJ), or Integrated Judicial Management System, refers to the comprehensive digital platform already in use by the Jujuy judiciary for managing case files, procedural steps, and administrative tasks. The Protocol envisions the integration of approved AI solutions within or alongside this existing system to enhance its functionalities. Finally, the concept of Uso Ético de la IA Generativa (IAGen) highlights a specific concern regarding generative AI, which can produce new content. The Protocol requires users of such tools to make a formal declaration affirming their commitment to ethical, legal, and organizational standards, underscoring the importance of human accountability even with advanced AI.

Governance and Institutional Framework

The governance structure for the implementation and oversight of Artificial Intelligence within the Poder Judicial de Jujuy is primarily anchored by the Suprema Corte de Justicia (Supreme Court of Justice). As the highest judicial body in the province, the Suprema Corte holds the ultimate authority for approving and enacting policies and guidelines that govern the functioning of the entire judicial system. This is exemplified by its issuance of Acordada N° 31/2025, which formally approved the Protocol for the Use of Artificial Intelligence. This central role ensures that the strategic direction for AI integration is aligned with the overarching principles of justice, legal precedent, and constitutional mandates. The Suprema Corte's involvement guarantees that the ethical and legal implications of AI are thoroughly considered at the highest level, fostering a framework that balances innovation with the imperative to protect fundamental rights and maintain public trust in the judiciary. Furthermore, the Court is responsible for providing the necessary legal and administrative backing for the various initiatives related to AI, including the allocation of resources and the establishment of supporting entities.

A cornerstone of this institutional framework is the Laboratorio de Innovación Judicial (INLAB), created by Acordada N° 154/2024 on December 2, 2024. INLAB functions as the specialized body responsible for the practical aspects of AI integration. Its mandate includes the continuous evaluation of the impact and effectiveness of AI tools, the identification of areas for improvement, and the proposal of updates to the Protocol in response to technological advancements and evolving normative standards. The presidency of INLAB is held by a Vocal (Justice) of the Suprema Corte, currently Dr. Martín Francisco Llamas, as designated by Acordada N° 18/2025, ensuring a direct link and alignment with the Supreme Court's vision. INLAB works in close coordination with the Department of Systems and Technologies of the Information, which provides the technical expertise and infrastructure necessary for the development, deployment, and maintenance of AI systems. This collaborative approach, involving both high-level judicial leadership and technical specialists, is designed to ensure that AI solutions are not only technologically sound but also legally compliant, ethically robust, and effectively integrated into the existing judicial ecosystem, thereby facilitating a seamless transition towards a more technologically advanced justice system.

Key Focus Areas

The Protocol for the Use of Artificial Intelligence in the Poder Judicial de Jujuy is meticulously designed around several key focus areas that underscore its commitment to responsible innovation. A primary emphasis is placed on the responsible and ethical use of AI. This involves ensuring that AI tools are deployed in a manner that upholds the principles of fairness, impartiality, and non-discrimination, which are cornerstones of any justice system. The Protocol mandates that AI applications must not infringe upon the fundamental rights of individuals, including the right to due process, privacy, and access to justice. This ethical imperative extends to the design, development, and deployment phases of AI systems, requiring a constant vigilance against algorithmic bias and unintended consequences. By prioritizing ethics, the Protocol aims to build public trust in AI-assisted judicial processes and prevent any erosion of human dignity or legal safeguards. The requirement for a "Declaración sobre el uso ético de la IA generativa" further solidifies this focus, compelling users to commit to ethical, legal, and organizational norms when interacting with advanced AI tools.

Another critical focus area is transparency and disclosure. The Protocol recognizes the importance of explainability in AI systems, particularly in judicial contexts where decisions can have profound impacts on individuals' lives. While not explicitly detailing technical explainability requirements, the emphasis on responsible use and the need for human oversight implicitly calls for a degree of transparency regarding how AI tools function and contribute to judicial processes. This includes ensuring that the use of AI is clearly communicated and that its outputs can be understood and challenged. Coupled with this is a strong focus on data protection and privacy. Given the sensitive nature of judicial information, the Protocol mandates strict adherence to data protection principles, including confidentiality and the secure handling of personal data. This involves implementing robust cybersecurity measures and ensuring that AI systems are designed and operated in compliance with existing data protection laws. Finally, the Protocol aims to enhance efficiency and optimization of judicial processes. By strategically integrating AI, the judiciary seeks to automate repetitive tasks, assist in information retrieval, and provide analytical support, thereby freeing up human resources to focus on more complex legal analysis and decision-making. This pursuit of efficiency is, however, always balanced against the ethical considerations and the protection of fundamental rights, ensuring that technological advancement serves the broader goals of justice rather than merely accelerating processes without due regard for their implications.

Implementation Framework

The implementation framework for the Protocol for the Use of Artificial Intelligence in the Poder Judicial de Jujuy is structured to ensure a systematic, controlled, and responsible integration of AI technologies. A critical initial step for any proposed AI system is a mandatory evaluation and authorization process. The Protocol stipulates that all AI systems, or technologies connected to AI, must undergo a thorough assessment before they can be deployed within any area of the Jujuy judiciary. This evaluation is primarily conducted by the Laboratorio de Innovación Judicial (INLAB), which is tasked with assessing the impact, effectiveness, and compliance of these tools with the Protocol's guidelines and broader legal and ethical standards. This rigorous pre-implementation review is designed to mitigate potential risks, identify biases, and ensure that the AI solutions are fit for purpose and align with the judiciary's objectives. Only upon successful completion of this evaluation and subsequent authorization by the relevant authorities can an AI system be introduced into the judicial workflow, ensuring a controlled and deliberate adoption strategy.

Further reinforcing the implementation framework is a comprehensive mandatory training program for all judicial personnel. Recognizing that the successful integration of AI depends heavily on the competency and understanding of its users, the Protocol, through Acordada N° 154/2024, explicitly entrusts the Escuela de Capacitación del Poder Judicial (Judicial Training School) and the Department of Systems with the responsibility of developing and delivering this essential training. This program is designed to cover a wide array of topics, including the fundamental concepts of artificial intelligence, its practical applications within the legal domain, and, crucially, specific modules dedicated to data protection, confidentiality, and the ethical considerations inherent in AI use. The training aims to equip judges, officials, and employees with the necessary knowledge and skills to utilize AI tools effectively and responsibly, fostering a culture of informed and ethical technological engagement. Additionally, for the use of generative AI (IAGen), the Protocol requires users to complete a specific "Declaración sobre el uso ético de la IA generativa". This declaration serves as a formal commitment by the user to employ generative AI tools in accordance with established ethical, legal, and organizational norms, specifying the intended purpose and accepting responsibility for its outputs. This mechanism ensures individual accountability and promotes a conscious, ethical approach to leveraging advanced AI capabilities within the sensitive context of judicial work.

Monitoring and Evaluation

The Protocol for the Use of Artificial Intelligence in the Poder Judicial de Jujuy establishes a robust framework for the continuous monitoring and evaluation of AI systems, underscoring a commitment to adaptive governance and ongoing improvement. At the heart of this framework is the Laboratorio de Innovación Judicial (INLAB), created by Acordada N° 154/2024. INLAB is explicitly tasked with the crucial responsibility of "evaluating the impact and effectiveness of the use of Artificial Intelligence" within the judicial system. This involves a systematic assessment of how AI tools perform in practice, their actual contribution to efficiency and justice, and any unforeseen consequences or challenges that may arise. The evaluation process is designed to be dynamic, moving beyond initial deployment to encompass the entire lifecycle of AI applications. It considers various metrics, including accuracy, fairness, operational efficiency gains, and adherence to ethical guidelines, thereby providing a comprehensive understanding of AI's real-world implications.

Beyond mere assessment, INLAB's mandate extends to actively "proposing improvements and updates" to the Protocol and the AI systems themselves. This forward-looking aspect ensures that the governance framework remains agile and responsive to the rapid advancements in AI technology and evolving normative landscapes. As AI capabilities develop and new ethical or legal considerations emerge, INLAB is positioned to recommend necessary adjustments to the Protocol, introduce new guidelines, or suggest modifications to existing AI tools to enhance their performance, mitigate risks, and maintain alignment with the judiciary's core values. This continuous feedback loop is vital for preventing regulatory stagnation and ensuring that the Poder Judicial de Jujuy remains at the forefront of responsible technological integration. The monitoring and evaluation activities also include overseeing compliance with the stipulated authorization processes and the ethical declaration for generative AI, thereby upholding accountability and fostering a culture of responsible innovation throughout the judicial institution. This iterative approach to governance ensures that the use of AI is not a static implementation but an evolving process of learning, adaptation, and refinement, always striving for optimal outcomes in the administration of justice.

Penalties, Liability, and Appeals

While the "Protocolo para el uso de la Inteligencia Artificial en el Poder Judicial de Jujuy" itself does not explicitly detail a new set of penalties or a specific liability regime for the misuse of AI, its framework implicitly integrates with the existing disciplinary and accountability mechanisms of the provincial judiciary. The Protocol's emphasis on responsible, ethical, and authorized use of AI tools, coupled with mandatory training on data protection and confidentiality, establishes clear expectations for judicial personnel. Any deviation from these established guidelines, such as unauthorized use of AI, misuse of data, or actions that compromise the integrity of judicial processes through AI, would likely fall under the purview of existing internal regulations governing professional conduct and official duties. These established regulations would dictate the appropriate disciplinary actions, which could range from administrative sanctions to more severe penalties depending on the gravity and impact of the infraction. The absence of a new, separate penalty system within the Protocol suggests that the existing robust legal and ethical framework of the Poder Judicial is deemed sufficient to address potential misconduct related to AI use.

In terms of liability, the Protocol's requirement for a "Declaración sobre el uso ético de la IA generativa" places a clear onus of responsibility on the individual user for their actions when employing such tools. This declaration implies that users are accountable for the outputs generated by AI under their supervision and for ensuring these outputs comply with legal and ethical standards. Therefore, any errors, biases, or harmful consequences stemming from the negligent or improper use of AI by a judicial officer would likely be subject to the standard liability provisions applicable to their professional role. This could include administrative liability for official misconduct or, in more extreme cases, civil or even criminal liability depending on the nature of the harm caused. Regarding appeals, decisions made with the assistance of AI would remain subject to the established appellate procedures of the Jujuy judicial system. The Protocol does not alter the fundamental right to appeal a judicial decision. Instead, it aims to ensure that the process leading to such decisions, even when AI-assisted, is transparent, accountable, and adheres to due process, allowing for scrutiny and challenge at higher instances if necessary. This integration with existing legal structures ensures that the introduction of AI does not diminish established rights or avenues for redress within the justice system.

Relationship to Other Instruments

The "Protocolo para el uso de la Inteligencia Artificial en el Poder Judicial de Jujuy" does not exist in isolation but is intricately linked to and derives its authority from several other key legal and institutional instruments within the provincial framework. Foremost among these is the Acordada N° 31/2025 issued by the Suprema Corte de Justicia of Jujuy on April 7, 2025, which formally approved the Protocol. This Acordada provides the direct legal foundation for the Protocol, giving it binding force within the Poder Judicial. Without this foundational resolution, the Protocol would merely be a set of recommendations. The Acordada itself is rooted in the broader constitutional and organic laws governing the judiciary, specifically referencing the faculties of superintendence conferred upon the Supreme Court by Article 188 of the Constitution of the Province and Article 49 of Law N° 4055, the Organic Law of the Judicial Power. These higher-level instruments define the Supreme Court's authority to regulate the internal functioning of the judiciary, thereby legitimizing the Protocol's scope and application.

Another crucial related instrument is Acordada N° 154/2024, dated December 2, 2024, which led to the creation of the Laboratorio de Innovación Judicial (INLAB). INLAB is not merely an advisory body but an integral part of the Protocol's implementation and ongoing governance. The Protocol's provisions regarding the evaluation, authorization, and continuous monitoring of AI systems are directly operationalized through INLAB's functions. This establishes a symbiotic relationship where the Acordada N° 154/2024 provides the institutional muscle, and the Protocol provides the operational guidelines for AI use. Furthermore, Acordada N° 18/2025 designated the President of INLAB, further solidifying the governance structure. The Protocol also implicitly interacts with existing legislation concerning data protection and privacy, as it mandates adherence to confidentiality and secure data handling practices. While not explicitly citing specific data protection laws, the general requirement for responsible data management ensures alignment with the broader legal landscape. The mandatory training program for judicial personnel, as outlined in the Protocol and mandated by Acordada N° 154/2024, also relates to the functions of the Escuela de Capacitación del Poder Judicial, an existing institutional body responsible for judicial education. Collectively, these instruments form a cohesive legal and institutional ecosystem that supports and governs the integration of AI into the justice system of Jujuy.

International Alignment

While the "Protocolo para el uso de la Inteligencia Artificial en el Poder Judicial de Jujuy" is a provincial document specific to Argentina, its underlying principles and objectives demonstrate a significant alignment with broader international discussions and emerging best practices in AI governance, particularly within the justice sector. The Protocol's strong emphasis on the responsible and ethical use of AI, the protection of fundamental rights, and the imperative for transparency and accountability resonates deeply with recommendations from international bodies such as the Organisation for Economic Co-operation and Development (OECD), the Council of Europe, and the European Union's proposed AI Act. These international frameworks consistently advocate for human-centric AI development and deployment, ensuring that AI systems are fair, non-discriminatory, and subject to human oversight, all of which are core tenets embedded within the Jujuy Protocol. The focus on mitigating algorithmic bias and ensuring explainability, even if implicitly, reflects a global consensus on the challenges posed by AI in high-stakes environments like the judiciary.

Furthermore, the creation of the Laboratorio de Innovación Judicial (INLAB) and its role in continuous evaluation and adaptation of AI systems mirrors the concept of AI sandboxes and regulatory experimentation promoted by various international initiatives. These mechanisms are designed to allow for the safe testing and refinement of AI technologies in controlled environments, fostering innovation while simultaneously addressing potential risks. The mandatory training program on AI, data protection, and confidentiality for judicial personnel also aligns with international calls for digital literacy and capacity building within public institutions to effectively manage and govern AI. The Protocol's engagement with the Instituto Federal de Innovación, Tecnología y Justicia (IFITEJ) of the Junta Federal de Cortes y Superiores Tribunales de Justicia de las Provincias Argentinas y de la Ciudad Autónoma de Buenos Aires (Ju.Fe.Jus) indicates a commitment to national alignment and potentially broader regional best practices within Argentina. This collaboration suggests that the Jujuy Protocol is not an isolated effort but part of a larger movement towards harmonized AI governance principles across different jurisdictions, contributing to a shared understanding and approach to integrating AI into the justice system while upholding universal values of justice and human rights.

Implementation Timeline

Compliance Checklist

Sources and References