A RESPONSABILIDADE CIVIL E A TUTELA JURÍDICA DOS DADOS NEURAIS NO CONTEXTO DO USO DAS NEUROTECNOLOGIAS

Abstract

Neurotechnologies are important tools for human development in social, economic and in various sectors, being applied, for example, in the areas of health and entertainment. Despite the avant-garde nature of its use, there are risks and harms associated with it, such as in situations related to the privacy and autonomy of the individual. Faced with this adverse scenario, the objective of this study was to analyze the discussions and questions arise about the protection of the brain, data and neural networks and, consequently, issues relating to the configuration of a new category of Human Rights, neurorights. In addition, dilemmas concerning civil liability for the damages suffered are being investigated, such as the application of the fault theory or the risk theory and the relevance of the subjective element (intent or fault) in the analysis of the case. The deductive-descriptive method was used, with a qualitative approach in the bibliographic and documentary survey. As a result, doctrinal divergences were found, divided between transhumanism and bioconservatism, defending antagonistic positions on the use of technologies for human improvement, for example with the human-machine association. International instruments are progressive in recognizing and protecting these rights, as well as establishing guidelines for the development and use of neurotechnologies. The Brazilian legal-legislative system, although being incipient, has initiatives aimed at harmonizing institutes, based essentially on rights and guarantees that have already been enshrined.