Os ciborgues e a possibilidade da emergência do sujeito Pós-Humano de Direito

Abstract

This work addresses the figure of the cyborg, a hybridization between human being and machine, responsible for restoring lost functionalities and/or expanding human capacity beyond normal limits. It will be demonstrated that science fiction in cinemas has already surpassed the screens and is part of the everyday present, in a coexistence that, until now, is important. However, there is much discussion about the future and the protection of human potential and this is the main problem exposed in the work. The present and future consequences of these hybridizations are still unknown and feared by many. This is because the cyborg configurations that are known today will become even more technological in the future, especially with the wide spread of the transhumanist movement and the development of NBIC technologies. It is at this point that it will be necessary to restructure the contemporary legal framework to expand the protection of potential. For this, the bibliographic review method of scientific works was used, bringing together views from different authors at different times and contexts, adopting a qualitative approach. Firstly, who the person is will be analyzed and, subsequently, the Post-Human Era, introducing the topic for discussion about the future. Thus, it will be possible to conclude that cyborgs in their contemporary configurations must remain subjects of law. However, in the not-distant future, this protection will be insufficient to support them and a new category of subject will be needed, without removing the rights already acquired, but expanding their protection.