Neurorights as fundamental rights

Abstract

The purpose of this article is to analyze the hypothesis of recognizing the implicit existence and the importance of future explicit constitutional enshrinement of neuro-rights as fundamental rights within the Brazilian Constitution. Initially, the article outlines the context of the information society and data capitalism, in which information and communication technologies (ICTs) constitute a networked and surveillance-oriented community identifiable with neurocapitalism. Subsequently, the discussion addresses the right to privacy and the recognition of the fundamental nature of data protection rights as a comparable hermeneutic paradigm. Although the topic remains controversial, the text adopts the fivefold classification of neuro-rights: (1) mental privacy, about the transfer of neural data; (2) personal identity, involving the need to establish limits on technological interventions in individuality, including brain enhancements and the insertion of nanorobots; (3) free will in decision-making; (4) fair access to mental enhancement; and (5) protection against algorithmic bias and discrimination. The study employs deductive methods and bibliographic research techniques. Its object is the examination of whether neuro-rights may be recognized as fundamental rights within the Brazilian legal system. The conclusion affirms the hypothesis that recognizing neuro-rights as implicit fundamental rights is relevant, as well as the necessity of their legal regulation, without negating the importance of their future explicit constitutional positivization.