Review of the article “Neurorights as Fundamental Rights”

Abstract

The review critically analyzes the article “Neurorights as Fundamental Rights”, by Emerson Gabardo and Juliana Horn Machado, highlighting its timeliness and relevance in light of the technological transformations associated with neurocapitalism and the Fourth Industrial Revolution. The reviewed article proposes the constitutional enshrinement of neurorights as an autonomous category within the catalog of fundamental rights, drawing inspiration from Chile’s experience and from the progress of Constitutional Amendment Proposal (PEC) No. 29/2023 in Brazil. The article examines the constitutional foundations of the proposal, the scope of neurorights, and the risks arising from the use of invasive neurotechnologies. The review offers suggestions regarding the need to clarify the regulatory challenges that follow constitutional recognition, as well as the development of the article’s working hypotheses. The review concludes that the article represents a relevant contribution to contemporary constitutional-legal debate, particularly for its articulation of law, technology, and human dignity.

Keywords:
fundamental rights; neurorights; information society; information and communication technologies (ICTs); open peer review