Algorithmic Justice and Human Rights: Structural Risks and Emerging Regulatory Frameworks

Abstract

The incorporation of artificial intelligence (AI), particularly large language models (LLMs), into judicial processes poses unprecedented challenges for the protection of human rights, especially regarding privacy, informational self-determination, and algorithmic transparency. This article introduces the concept of the “Hermes judge” as a normative and interpretative model capable of articulating the technical rationality of automated systems with the principles of the constitutional rule of law. Through a critical analysis of international regulatory frameworks—such as the GDPR, the European Union’s AI Act, and the FAIR principles—regulatory gaps, structural biases, and decision-making opacity are identified. In light of these risks, ethical and regulatory guidelines are proposed to ensure that AI functions as a cognitive aid, supporting tasks such as argument generation, precedent identification, and case summarization, without replacing hermeneutic judgment or compromising human dignity. From a functional perspective, Judge Hermes critically mediates between automated decision-making and fundamental principles of law, safeguarding judicial deliberation and the human dimension of justice.