Legal limits of artificial intelligence in Mexico:: An analysis from the perspective of human rights and due process of law

Abstract

Artificial intelligence (AI) is one of the most disruptive elements of contemporary technological transformation, as it integrates systems capable of reproducing cognitive processes such as learning, reasoning, and decision-making, allowing for the optimization of solutions to problems in the economic, political, social, cultural, and legal spheres. In the case of Mexico, the absence of a specific regulatory framework for artificial intelligence means that the use of algorithms in the management of records, digital evidence, and forensic data can compromise transparency, accountability, and the guarantee of fundamental rights, particularly those related to due process. This situation can lead to systematic violations of human rights and their effective exercise, weakening the foundations of a democratic and constitutional state governed by the rule of law. Given this scenario, it is essential to examine the limits of AI from the perspective of human rights and due process of law, with the aim of ensuring technological development within the framework of legality, justice, and respect for human dignity, in accordance with the pro persona principle.