Desafíos jurídicos y límites de la inteligencia artificial en la función notarial del cantón Otavalo

摘要

This research aimed to determine the legal challenges and limitations associated with the automation of notarial functions via artificial intelligence in the Otavalo Canton (Imbabura Province), specifically regarding the current regulatory framework and the principles governing the exercise of notarial public faith. The study employed a qualitative approach—descriptive and legal-doctrinal in nature—with a socio-legal component. Legal-dogmatic, exegetical, and hermeneutic methods were used, alongside semi-structured interviews with the four notaries operating within the study's geographical scope. The data collected were organized into a matrix categorized by participant, allowing for the identification of commonalities and differences in responses, which were subsequently cross-referenced with the regulatory framework and specialized legal doctrine. The results revealed that three of the four participants had utilized artificial intelligence tools for specific support activities, while all four agreed that such use must remain subject to human oversight. Furthermore, they maintained that the assessment of the parties' capacity and intent, legal qualification, the exercise of public faith, and the authorization of legal instruments must remain the direct responsibility of the notary. Risks concerning the reliability of results, professional liability, and the processing of personal data were also identified. The study concludes that artificial intelligence can be incorporated as an auxiliary tool in certain notarial activities, provided that mechanisms for verification, traceability, data protection, and direct notary supervision are in place.