DIGITAL JUSTICE IN THE GLOBAL SOUTH AND EUROPE: TECHNOLOGICAL NEUTRALITY, INEQUALITY, AND DEMOCRATIC GOVERNANCE WITH PERSPECTIVES FOR CHILE - DOI: 10.12818/P.0304-2340.2025v87p163

Abstract

This article critically examines the notion of technological neutrality in digital justice by comparing regulatory frameworks in Europe, the Global South, and Chile. It argues that automated systems are not neutral but rather reproduce and amplify structural inequalities; every technical decision—from interface design to the weighting of variables in algorithms—entails normative choices with distributive consequences. The European analysis highlights progress in data protection and oversight procedures, but its formalistic and procedural approach proves insufficient to address substantive issues of justice, particularly in Global South contexts marked by digital divides, social exclusion, and institutional weakness. In Chile, the uncritical adoption of European models could perpetuate inequities, underscoring the need for context-sensitive approaches. The article proposes a model of democratic governance of digital justice that incorporates Privacy by Design, Equity by Design, Participatory Design, and Algorithmic Impact Assessment, combined with meaningful human oversight and civic deliberation. Techno-political literacy and the recognition of technology as a site of political contestation are essential for building inclusive, transparent, and accountable judicial systems. Ultimately, the article contends that digital justice should not be conceived as an inevitable destiny but as a normative choice, offering a pathway toward more equitable and democratic models, particularly relevant for the challenges of the Global South and the Chilean context.

KEYWORDS: algorithmic justice, technological neutrality, algorithmic discrimination, AI governance.