Abstract

After a legislative process of more than two years, the Law No. 21.383 has been enacted in the Republic of Chile (October 14, 2021), which amends the Constitution in order to incorporate the protection of people against scientific and technological developments, specifically in its “cerebral” dimension. This constitutional reform reflects the concern about the way in which neurotechnological progress could impact on society, an issue that has prompted the emergence of a doctrine aimed at protecting the implicit legal rights that would be threatened in this context, expressed in the concept of neuro-rights. This paper reflects on the conceptual and legal bases of the message contained in the project that gives rise to this first constitutional reform to protect “neuro-rights” at world level, as well as on the text of the recently enacted norm. General and specific comments on the constitutional reform are included in the work in order to contribute to the discussion and progress in the development of legal frameworks that protect people from the threats of potential misuse of various invasive and non-invasive neurotechnologies.