The aim of the article is to examine whether predictive justice (applied as a substitute or auxiliary to human justice in criminal matters), can be considered true ‘justice’. In doing so, the article will take as its starting point the idea that the answer cannot be obtained either by looking at ‘technical’ or 'positive law' constraints but must instead be investigated from a pre-positive point of view. By ideally bringing into dialogue the two opposing positions expressed by Pastor and Greco, without forgetting the model of ‘poetic justice’ outlined by Nussbaum, arguments will be provided in support of the idea that justice, if it is to be defined as such, must remain something intrinsically human.