Technology has advanced at an unprecedented pace, bringing undeniable benefits to humanity. From more accurate medical diagnoses to improvements in quality of life, technological innovations have the potential to positively transform our society. However, along with these opportunities, profound ethical challenges arise, especially when we enter the territory of neurotechnology combined with artificial intelligence. These challenges become even more critical in a hyper-connected, networked world, with enormous risks to freedoms, as is already the case with personal data, albeit on an even larger scale.
This is because artificial intelligence (AI) has been a powerful ally in various fields. For example, a recent study used AI to diagnose skin cancer with an accuracy rate exceeding 92% of the cases analyzed. This precision offers hope to millions of patients worldwide.
However, the same technology that saves lives can be used for less noble purposes. The creation of fake images and texts by AI has fueled the spread of misinformation, negatively impacting economies, personal reputations, and even the integrity of democratic systems. Fake audio and deepfakes are examples of how AI can be instrumentalized to manipulate public perception.
Imagine, then, a direct interface between the human brain and computers, connected with AI tools, where thoughts can be read, influenced, or even modified. Although it sounds like science fiction, companies like Neuralink are making this a reality. Recently, the company announced that a patient with a brain implant was able to move a mouse cursor using only their mind, bringing hope to people with motor disabilities and allowing them to interact with the world.
The ethics of the mind
Disturbing questions arise regarding the protection of personal and neural data, the identity and autonomy of thoughts accessed and manipulated, and how to ensure that this technology is not used to unduly control or influence individuals.
Given these challenges, the concept of "neuroscientific rights...as ethical and legal principles designed to protect the cerebral and mental domain of individuals. Rafael Yuste, a neuroscientist at Columbia University, is one of the leading figures in the field, drawing attention to personal identity, such as... The right to maintain one's sense of self, without alterations imposed by external technologies. Furthermore, it also addresses issues such as free will and the guarantee that decisions are made without neurotechnological manipulation, and privacy. mental (in the sense of protection against unauthorized access to our thoughts and brain activity), access equitable (as a guarantee that the benefits of neurotechnology are available to all, avoiding the exacerbation of social inequalities), and protection against biases, preventing discrimination based on neural data.
To that end, normative advances are already noticeable, as some countries have begun to incorporate them into their legislation. In California, a bill was recently passed that aims to prevent the misuse of neural data. Chile has also included neurorights in its Constitution, while in Brazil, the State of Rio Grande do Sul, by enacting Constitutional Amendment No. 85/2023, recognizes the right to mental integrity and protects against manipulations resulting from neurotechnological advances.
In the Brazilian federal context, Constitutional Amendment Proposal (PEC) No. 29/2023 is being processed in the Senate, seeking to include the protection of mental integrity and algorithmic transparency among fundamental rights.
The challenge, therefore, is to regulate, without hindering technical and technological development, the possibility of reading and influencing human thoughts in an ethical way. There are legitimate concerns about the use of these technologies to create "superhumans" or to manipulate choices and behaviors without the individual's consent, which could deepen social and economic inequalities, as well as threaten the very essence of what makes us human.
Therefore, it is urgent to debate and, in a mature and coherent manner with other fundamental rights, regulate the issue so that neurotechnology can be adopted. In this way, people can overcome physical or mental limitations without others remaining further marginalized by not having access to them, or suffering from remote brain manipulation for political, commercial, or other interests, compromising freedom of thought and individual autonomy. It is essential that governments, institutions, and the scientific community establish clear guidelines that protect individuals without hindering scientific progress.
Neuroethics thus emerges as an essential field to guide these discussions, seeking to balance potential benefits with associated risks. The protection of neurorights should be seen as an extension of fundamental rights, since their recognition and protection are essential steps in this journey, ensuring that technology serves the common good and respects the fundamental values that define us as human beings.
In addition to neuroscientific rights, other rights that must be respected are those of voters. Read more in Newton Moraes' text about it. safe elections.
