Transumanismo, disciplina do corpo e as novas relações de trabalho

Abstract

This study examines transhumanism and labor relations, aiming to analyze the contractual limits concerning possible and, perhaps, desirable technological modifications to the worker's body. The topic is particularly relevant in light of the progressive robotization of tasks traditionally performed by humans, combined with the ongoing need for subsistence, resulting in an ethical and legal dilemma regarding transhumanization as a proposal and alternative for maintaining employability. The research problem focuses on understanding the boundaries of contractual freedom and autonomy within labor relations concerning proposed or anticipated bodily modifications aimed at keeping the worker employed or employable. The study began with two initial hypotheses: (i) the absolute prohibition of the worker making bodily modifications, even if they are non-invasive and temporary, and (ii) the unrestricted permission for the worker to undergo bodily alterations, even if they are invasive and permanent. The analysis is guided by the concepts of vulnerability and subordination, as they are central characteristics of this type of contractual relationship. The first chapter addresses the definitions of human, person, robot, cyborg, and transhuman. The second chapter delves into issues related to human rights, fundamental rights, and personality rights, establishing that, as a general rule, personality rights are inalienable, although exceptions may occur when such disposition does not violate human dignity. In the final chapter, reflections on autonomy of will, freedom, and the human drive to meet needs leading to happiness were explored, highlighting the tension between rationality and instinct. The study concludes that it is ethically and legally permissible to contract for services involving transhumanist needs, provided such agreements do not infringe upon third-layer personality rights—that is, those tied to the dignity of the human person in the disposition of the body.