Contradicción de la prueba digital generada con inteligencia artificial en el proceso no penal

Abstract

Abstract: Generative artificial intelligence is booming globally particularly in the creation of audio, images, video, and text due to its ease of use and ability to produce visually flawless results. This trend presents new challenges for the judicial system, as such content can be introduced into non-criminal proceedings as "original" digital evidence without its authenticity being verified, a situation stemming from the lack of specific regulations governing AI-generated evidence in Ecuador. The objective of this research was to analyze this type of evidence and its impact on the adversarial principle (the right to challenge evidence), with the aim of proposing a procedural reform to address existing legal gaps. Using a mixed-methods approach and a cross-sectional descriptive design, the study revealed a general lack of awareness regarding this type of evidence and confirmed that it infringes upon due process and the right to a defense. Finally, a reform to the evidentiary rules of the COGEP (General Organic Code of Processes) was proposed to ensure effective adversarial proceedings in non-criminal cases.