Abstract:

The article aims to answer the following research problem: what guarantees can be extracted from an evolving understanding of the due process clause, in the context of the use of new digital technologies for the purposes of criminal prosecution? The hypothesis - confirmed as a conclusion - is that the use of digital technological resources by the Public Power, including the use of artificial intelligence algorithms, is something unstoppable, being able to add utilities, notably in the decision making field. However, its use, especially in the field of criminal prosecution, implies the recognition of new guarantees and enhanced duties of transparency and accountability, with normative support and technological means to promote them satisfactorily and without damage to industrial property. In conclusion, such guarantees would compose a contemporary procedural dimension of the due legal process clause. The factual and theoretical supports of the work are provided by a comparative analysis, with emphasis on reports, the normative discipline and the jurisprudence of the courts in the United States and the European Community. The method used is the hypothetical-deductive approach.

Keywords:
Due process of law; Digital technologies; Algorithms; Transparency.