Argentina: Court of the Province of Santa Fe Used Artificial Intelligence in Case Resolution
(i) Introduction
Artificial intelligence (AI) is gaining ground in the judicial sphere in Argentina, transforming the way legal processes are conducted. More and more courts in various provinces and jurisdictions are turning to technological tools to optimize case management, improve efficiency, and ensure more equitable access to justice. The implementation of AI in conflict resolution allows for not only a faster analysis of information but also the incorporation of relevant data that can influence decision-making.
In this context, the recent ruling by the Court of the Province of Santa Fe, which utilized the Meta AI tool to address a case concerning the supply of drinking water, highlights how technology can be an ally in protecting fundamental rights and improving the quality of judicial services.
(ii) Case: ‘’Aguilera, Nancy Bibiana and others v. Aguas Santafesinas S.A. regarding Self-Satisfying Measure”
In the ruling "Aguilera,
Nancy Bibiana and others v. Aguas Santafesinas S.A. regarding Self-Satisfying
Measure” resolved by the Civil and Commercial Court of Rosario, the tribunal
turned to the Meta AI tool—the WhatsApp artificial intelligence button—to settle
the case.
The plaintiffs
sued the company Aguas Santafesinas S.A. for deficiencies in the supply of
drinking water at their residence. They claimed to have experienced a
significant reduction in water pressure for over eight years, affecting their
quality of life. The defendant argued, among other things, that pressure
readings varied between 1 and 3 meters of water column (MCA) in summer, and
between 5 and 6 MCA in winter, indicating that the service was being
provided—though a reduction in supply pressure was verified.
However, it is important to consider that, in that jurisdiction, the minimum required supply pressure must be 7 MCA. As a result, the tribunal utilized the Meta AI technological tool to gather informational evidence that ultimately contributed to the analysis and resolution of the case. When asked, "Is the right to access water fulfilled with a pressure lower than 1 MCA?” Meta AI responded that it was not.
Developing its argument,
it noted that "[t]he right to access water implies not only having access to a
sufficient quantity of water but also that the water is safe, acceptable,
affordable, and accessible.” It also added that "[a] pressure as low as 1 MCA
(…) does not meet these criteria, so it cannot be considered that the right to
access water is being adequately fulfilled.”
The ruling states
that "the inquiries made by the magistrate to the websites (in the case of
WhatsApp) reflect his verification task of the accounts of facts and arguments
presented by the parties in the case.” Thus, "access to information that
essentially has the characteristics of publicity and notoriety does not in any
way constitute an overreach in judicial activity, and therefore cannot be
subject to reproach.” As a resolution to the case, the judge ordered the
defendant to take necessary measures to ensure the provision of drinking water
under adequate conditions.
(iii)Considerations
The use of artificial intelligence in this ruling represents a significant advance in the administration of justice, demonstrating that technology can be used to strengthen legal arguments and enhance understanding of citizens' rights. By resorting to Meta AI for relevant information, the court suggests that integrating technological tools into the judicial system could facilitate a more agile and equitable resolution of conflicts, setting a precedent for future cases.
Sources
N°CUIJ 21-02975994-1 - "Aguilera, Nancy Bibiana y Otros c/ Aguas Santafesinas S.A. s/ Medida Autosatisfactiva” - Juzgado de 1ra. Instancia en lo Civil y Comercial de Rosario (Santa Fe)
https://www.eldial.com/nuevo/nuevo_diseno/v2/fallo4.asp?base=14&id=62140&t=j&h=u
Milagros Denise Tallarico. Semi Sr. Associate at Alfaro Abogados. Lawyer graduated from the National University of Lomas de Zamora (UNLZ). Legal Analytics Torcuato Di Tella University (UTDT)