Neuroética e direto penal : um estudo sobre a utilização da prova neurocientífica no processo penal

Abstract

The present work has the objective of analyzing the neuroscientificevidence in the criminal processalongwith its bioethicalimplications. Neuroethics and Neuroscience are also analyzed in modern and historicalcontextualization in the company of theirphilosophicalramifications. It discusses the dilemmasfaced for centuries by neurosciencetogetherwith the applicability of neuro-sensoryevidence in the courts and with the development of privilege in common law. After, here is discussed the question of actualevidence, the penal, scientific and neuroscientific evidence along with their species : namelythe PET, the SPECT and thefMRI, wherehere are discussed theirhistorical background and theiradmissibility as instruments to detect lies.Subsequently, the topic of transcranialmagneticstimulation and otherpsychiatrictechniques are addressed, takingintoaccount its bioethical, neuroethic and legal aspects. Finding the presentdissertationwith the evaluation and reliability of the neuroscientificevidence and it’s legal implications, showing in this final chapter the standards of scientificevidence, the judge and the juryevaluation and the Bioethical implications brought withsuch evidence in the light of Fundamental Rights.