To analyze whether the current Brazilian constitutional construction allows for protection against threats arising from neurotechnologies, it is necessary to study the proposals of neurorights as structured normative systems for these new risks. Therefore, this chapter aims to identify the legal object to be protected, through the main theoretical proposals on the subject in the international scenario. From the identification of the object of protection, the new risks that neurotechnologies pose to this legal object will be analyzed. In addition, the arguments about the reach of the main legal structures that currently exist in relation to the object, which would be the object of protection, will be verified. Next, the chapter will address the construction of neurorights that was adopted in Chile and that is based on the systematization of Rafael Yuste, with the respective criticisms. Subsequently, considering the fragility of the legal reasoning pointed out in the criticisms of this model, the model of Marcello Ienca and Rafael Andorno, which is considered a proposal normative of better theoretical structure, will be studied.

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Neurorights

  • Alisson Alexsandro Possa

摘要

To analyze whether the current Brazilian constitutional construction allows for protection against threats arising from neurotechnologies, it is necessary to study the proposals of neurorights as structured normative systems for these new risks. Therefore, this chapter aims to identify the legal object to be protected, through the main theoretical proposals on the subject in the international scenario. From the identification of the object of protection, the new risks that neurotechnologies pose to this legal object will be analyzed. In addition, the arguments about the reach of the main legal structures that currently exist in relation to the object, which would be the object of protection, will be verified. Next, the chapter will address the construction of neurorights that was adopted in Chile and that is based on the systematization of Rafael Yuste, with the respective criticisms. Subsequently, considering the fragility of the legal reasoning pointed out in the criticisms of this model, the model of Marcello Ienca and Rafael Andorno, which is considered a proposal normative of better theoretical structure, will be studied.