THE EPISTEMIC CRISIS OF AUDIOVISUAL EVIDENCE IN THE AGE OF DEEPFAKES: A PROCEDURAL-NORMATIVE FRAMEWORK FOR AUTHENTICATION AND JUDICIAL EVALUATION

Ramos-Zaga F. · Revista Eletronica de Direito Processual (2026) · DOI: 10.12957/redp.2026.94995

Resumen

The proliferation of audiovisual content manipulated through artificial intelligence represents an unprecedented challenge to the epistemic function of contemporary judicial proceedings. This research critically analyzes the normative and dogmatic frameworks for authentication and evaluation of evidence in common law and civil law systems, identifying the structural inadequacies that deepfakes reveal in both legal traditions. Through a trans-systemic comparative analysis, the erosion of traditional criteria of authenticity, relevance, and probative value is examined, alongside the cognitive and epistemological impacts that algorithmic manipulation generates on judges, expert witnesses, and testimonial evidence. Emerging regulatory strategies in the European Union and the United States are evaluated, particularly Regulation (EU) 2024/1689 and its potential incorporation into procedural mechanisms of judicial control. As a result, a hybrid model of comprehensive control is proposed, articulating a phase of technical-legal authentication based on algorithmic traceability and digital chain of custody, followed by a stage of rational evaluation grounded in expanded judicial sound criticism. This procedural framework seeks to reestablish the epistemic legitimacy of the judicial system through the integration of technological reliability criteria and argumentative reasonableness, thereby guaranteeing effective judicial protection in contexts of high digital complexity.

Instituciones: Universidad Privada del Norte