SAFEGUARDING NEURAL INFORMATION AND PROTECTING HUMAN RIGHTS: THE (UN)NECESSITY OF REGULATING NEUROTECHNOLOGIES AND NEURORIGHTS

Abstract

This study investigates the development of neurotechnologies and their impacts on human beings, aiming to identify normative pathways to mitigate potential risks. The research analyzes the tension between the application of existing privacy and self-determination norms and the proposal to establish a new category of neurorights (cognitive liberty, mental privacy, mental integrity, and psychological continuity). It addresses the technological origins of neurotechnologies, pioneering international frameworks, such as Chile's Law No. 21,383 and Spain's Charter of Digital Rights, and the Brazilian regulatory landscape, including Constitutional Amendment Proposal (PEC) No. 29/2023, bills proposing amendments to the General Data Protection Law (LGPD) (PL 1229/2021 and PL 522/2022), and the proposed reform of the Brazilian Civil Code within the scope of Digital Civil Law. The study concludes that, although regulation is essential to prevent market logic from prevailing over human dignity, the creation of specific human rights may not represent an immediate necessity. The current constitutional framework and consolidated fundamental rights already provide a solid basis for the required protection, requiring only a consistent hermeneutic effort in response to emerging technological phenomena.