Resumo

GARCIA GOMEZ, Alberto  e  ABELLAN SALORT, José Carlos. Human rights, free will and neuroethics. Biojuridical challenges of emerging biotechnologies. Med. ética [online]. 2019, vol.30, n.3, pp.1031-1100.  Epub 21-Ago-2023. ISSN 2594-2166.

A reflection and critical assessment of emerging neurotechnologies entails discerning the ethical, social and legal aspects to ensure their rational use, that is, respecting the dignity of the person and the fundamental rights that are at stake when interventions are made on the human brain and that, therefore, affect the person. In this essay we analyze the biojuridical dimension of neurosciences in light of some of the human rights that are at stake: life, integrity, identity, privacy, freedom, etc. The challenge of those who question the existence and, therefore, the legal relevance of free will is critically analyzed, proposing to overcome a neurobiological determinism that, on the one hand, depreciates, in the name of science, the value and meaning of the human condition, entitled of rights and responsibilities before the political community and that, on the other, embraces an anthropological vision that hardly fits with common sense realities and fundamental goods that transcend and surpass the biological dimension of human beings who live in society.

Palavras-chave : neurolaw; human rights; life; integrity; privacy; freedom; free will.

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