NEUROLAW - COLLISIONS OF FUNDAMENTAL RIGHTS WITHIN REASONABILITY AND PROPORTIONALITY

Abstract

In recent years, biotechnology has advanced and the brain is increasingly being connected directly to computers, resulting in the collection and sharing of brain data, which are very sensitive, as they are unconscious thoughts and emotions. In view of the above, new rights are being studied, in order to avoid hacking the brain, therefore, we are talking about neurorights. Therefore, the objective of this study is, through a deductive approach, to investigate, in a qualitative way, through a bibliographical review, the right to neuroprotection. The problem is to know what neurorights are? As a result, there is evidence that advances in neurotechnology bring risks to the mind and brain of individuals who use the tool, with regard to data privacy, physical and mental integrity, identity, psychological continuity and their access and , which must be neutralized by means of norms that regulate their uses and limits from an ethical perspective. Neurotechnology allows access, collection, sharing and manipulation of human brain data, which threatens human autonomy and personality. Responding to the research problem, it is evident that neurorights are a new class of human rights of personality that aims to regulate the use and development of new technologies related to the brain. At the outset, it is important to highlight that neurorights are not only subject to users, but also specialists dedicated to them, and must therefore respect fundamental human rights. In this context, five new human rights related to personality are proposed to protect the human brain: personal identity, free will, mental privacy, equal access to neuro-enhancement and protection against algorithmic biases of artificial intelligence (AI). In conclusion, we assume that Brazil needs to encourage reflections on the challenges that neurotechnology and artificial intelligence represent for human rights and human dignity.