Abstract

MASCITTI, Matías. The constitutional status of neurorights as a requirement of justice. Cuest. Const. [online]. 2022, n.46, pp.149-176.  Epub Mar 03, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.46.17051.

Here, we try to show how neurorights, as human rights, constitute an imperative of justice, whose supreme principle (SPJ) is the basis for the construction of the law of the constitutional State (LCS). We think that neurorights derive from the interplay of values that constitute the SPJ's elements. The neurorights require general constitutional recognition and adequate systematisation. We describe the SPJ's elements that emerge from the characterization of each neuroright. We use categories provided by the legal strategy to analyse neurorights in the LCS. We offer hypotheses for the use of neurological technology, where the elements of the SPJ represented by the exercised neuroright and by the remaining parts of the SPJ compete, seeking a coherent solution.

Keywords : neurorights; neuroscience; law; justice; supreme principle of justice; Constitution; legal strategy.