NEURORIGHTS, CURRENT AND EMERGING TECHNOLOGIES: BETWEEN TECHNOLOGICAL INNOVATION AND THE CONSTITUTIONAL PROTECTION OF THE HUMAN PERSON

Abstract

The development of neurotechnologies capable of recording, interpreting, or modulating signals from the nervous system expands therapeutic and accessibility possibilities, while also creating specific risks to privacy, autonomy, identity, and mental integrity. This article analyzes the relationship between neurorights and current and emerging technologies, with emphasis on constitutional parameters for the protection of the human person. It adopts a qualitative, exploratory, and descriptive approach, using deductive reasoning based on bibliographic and documentary research that connects Constitutional Law, data protection, neuroethics, and technology governance. Science-fiction examples are used as a heuristic resource, without being treated as empirical evidence, and are compared with contemporary applications such as brain-computer interfaces, neural stimulation, non-invasive semantic decoding, and devices capable of collecting neurophysiological signals. The Brazilian legal framework is also examined, including the 1988 Constitution, the General Data Protection Law, and pending legislative proposals on neural data and neurorights, alongside the Chilean experience and recent international instruments. The study concludes that legal protection of brain activity does not require abandoning existing fundamental rights, but rather their evolutionary interpretation and, in higher-risk contexts, specific regulatory safeguards based on qualified consent, purpose limitation, security, non-discrimination, transparency, and institutional oversight.