Neurodireitos e autonomia humana: interferências na integridade psicofísica e a tutela extrapatrimonial dos dados

Abstract

Starting from the premise that the post-human body is intrinsically linked to advances in neurotechnologies and Artificial Intelligence, this thesis analyzes the ethical and legal challenges posed by the datification of the human mind in the light of transhumanism. The investigation is grounded in the theoretical framework of Stefano Rodotà, specifically in the transition from the “subject to the person,” advocating for the reconstruction of the unity of the human person against the fragmentation promoted by bodily colonialism and surveillance capitalism. It is argued that the protection afforded by the Brazilian General Data Protection Law (LGPD) and current personality rights is insufficient to safeguard the uniqueness of neural data, requiring a hermeneutic revitalization and the creation of a specific normative framework. Accordingly, the thesis proposes the creation of a tailored regulatory model for Brazil, named the MENTE Act (Neural Modulation, Neurodata, Treatment, and Ethics). Unlike reductionist international proposals, this legal framework aims to regulate neurotechnologies in their diverse forms of interaction—whether invasive, semi-invasive, or non-invasive—and across multiple domains, encompassing health, consumer rights, education, and the justice system. The original contribution of this work lies in the systematization of five new neuro-rights, highlighting the Right to Neurobiological Self-Enhancement and the Right to the Neuroinformational Digital Body, as well as in the implementation of a three-tiered risk classification—low, medium, and high—based on potential harm to psychic and informational integrity. The methodological path consists of an exploratory qualitative study with a civil-constitutional foundation, engaging with cutting-edge legislation such as the United States’ MIND Act and UNESCO’s 2025 Recommendations. It is maintained that the proposed debate is not limited to mental privacy nor merely informational protection, demonstrating the need to expand the regulatory approach beyond the traditional logic of data protection. The conclusion is that the law must ensure individuals the protagonism of their own technological biography, guaranteeing that psychophysical integrity and neurobiological self-determination are preserved against the risks of manipulation and neural surveillance in the post-human era.