ACTA JURÍDICA PERUANA

INDICE COMPLETO 2025 Vol8N1

investigacion investigacion — Tue, 20 May 2025 16:18:14 Hora verano Pac�fico Sudam�rica

Driverless cars

Paolo Gallo — Tue, 20 May 2025 16:32:32 Hora verano Pac�fico Sudam�rica

The car has gone from being a niche product to becoming a commodity within everyone's reach, which has profoundly changed the way we conduct our every day life and relate to others. However, all that glitters is not always gold! The use of the car is in fact the cause of a lot of damages resulting from road accidents and pollution. But it is precisely in this regard that the discourse relating to self-driving vehicles is important; in effect driverless cars can reduce the risk of accidents by 90%.

La Artificial intelligence and the motivation of judicial decisions in the Peruvian justice system

Jonatan Vega Colquipisco — Tue, 20 May 2025 16:46:00 Hora verano Pac�fico Sudam�rica

This article addresses the need to implement artificial intelligence in the issuance of judicial decisions, mainly in those of mere formality (decrees) and in a controlled and proportional manner in the orders and judgments, for this we will briefly explain artificial intelligence and its impact on judicial motivation. And finally, we will make proposals for the use of AI in the administration of justice for both procedural and administrative procedures with a view to guaranteeing more agile and efficient judicial processes to citizens, as it would help to reduce long waiting times.

La prueba neurocientífica en el sistema procesal peruano

Juan Ernesto Gutiérrez Otiniano, Eduardo Jesus Chocano Ravina — Tue, 20 May 2025 18:07:16 Hora verano Pac�fico Sudam�rica

Neuroscience has the capacity to intervene in many areas of human life, including law. One of the areas of the legal world where it has entered with great power is procedural law, one of its manifestations being neuroscientific evidence. Thus, this article studies how this evidence contributes to the resolution of a process and the calculation of the quantum of compensation, with emphasis on Peruvian law. In order to achieve this, the conceptual development of neuroscience and neurolaw is analysed. Likewise, the evidentiary purpose in judicial processes is reviewed, highlighting the role that neuroscientific evidence as expert evidence has for this purpose.

At the same time, through the study of international and national jurisprudence, the usefulness of these tests to diagnose neurological damage, determine its impact on the lives of those affected and, consequently, establish fair compensation. The paper concludes that the incorporation of neuroscientific tests would strengthen the Peruvian judicial system, especially in the determination of compensation.

Las The legal implications of artificial intelligence between contract and tort

Francesca Ferretti — Tue, 20 May 2025 18:15:54 Hora verano Pac�fico Sudam�rica

The paper introduced several legal issues arising from the growing spread of artificial intelligence and robotics, highlighting the need for civil law to intervene in an increasingly pervasive technological context.

In the contractual sphere, the concept of smart contracts was examined, arguing against granting legal personality to algorithms. Instead, it was considered preferable to attribute responsibility to the conscious assumption of risk by the contracting party who chooses to use automated systems, thus accepting the consequences of the software’s actions—bringing into the contract a logic of risk typically associated with tort law.

The second part of the essay addressed the issue of liability for damages caused by robots, rejecting the idea of autonomous legal personality for software agents. A gradual approach was proposed, aiming to calibrate the level of machine autonomy according to actual needs, combining automation with human oversight, as an alternative to an “all or nothing” logic. In this context, the central issue turned out to be the distribution of responsibility among the various parties involved, particularly between manufacturers and users.

In conclusion, caution was recommended in legislative intervention to avoid the pacing problem, and the importance of assessing the legitimacy of each solution in light of the fundamental principles of the legal system was emphasized.

Unicameralism vs Bicameralism: A vision of decision making

Felipe Emmanuel López Ayala, Valeria Cruz García — Tue, 20 May 2025 18:27:04 Hora verano Pac�fico Sudam�rica

The choice between unicameral and bicameral systems depends on factors such as efficiency, the balance of powers and citizen representation. Unicamerals offer coherence and agility, while bicamerals provide checks and balances, as well as regional representation and minority protection. The decision must be based on the specific needs and characteristics of each country, with the aim of guaranteeing effective legislation and adequate governance.