CRIMES VIOLENTOS NÃO LETAIS COMETIDOS SOBRE NEUROPRÓTESES: UM NOVO DESAFIO PARA A PERÍCIA MÉDICO-LEGAL E A JUSTIÇA CRIMINAL
Marcus Vitor Diniz de Carvalho (1)
Evelyne Pessoa Soriano (1)
Reginaldo Inojosa Carneiro Campello (1)
Adriana Conrado de Almeida (1)
Gabriela Granja Porto Petraki (1)
(1) Universidade de Pernambuco. Professor(a) do Corpo Permanente do Programa de Mestrado em Perícias Forenses (FOP-UPE), Camaragibe-PE, Brasil.
This work was developed in order to demonstrate the importance of discussing the new challenge to be faced by medical and legal expertise and the Criminal Justice on the possibility of non-lethal violent crimes committed on neuroprostheses. The neuroprosthesis is the connection of two definitions: The words “neuro”, which indicates relationship with the central or peripheral nervous system (nerves), and the term “prosthesis”, which is an artificial part that replaces part of the body. The advanced microelectronic signal processing is reaching the reality of the merger between man and machine, and these artificial systems, the flow of information is done through data or through radio links cables; while in living beings the transfer takes place through the nerves, which act as the equivalent of these cables. The use of neuroprostheses is already a reality in treating situations that occurred substitution of limbs, eyes, ears and organs. Because of the very inseparability between body biological elements and computerized components neuroprosthetic, it is understood that aggression over a neuroprosthetic will have a corresponding element to a bodily injury (for the commitment of the organic parts of neuroprosthetic) and another related to a crime damage (associated with the mechanical / computed part of the neuroprosthesis). The discussion on the scope of medicolegal expert activity and Criminal Justice is part of the very definition of postmodern society characterized by rapid changes, technological progress and the development of knowledge, emphasizing also that each again, expert activity and the judiciary as well as faced with the violation of traditional legal interests will be encouraged to speak out in protection of new peculiar legal and criminal property of postmodern society. For this reason, this study is fully justified because if they are to critically analyze the various concepts relating to the topic, allowing to establish future doctrinal discussions on the expert assessment of the dynamics and the judiciary on the topic under discussion.
Keywords: Expert Testimony, Judiciary, Justice, Prosthesis Implantation, Neuroprostheses, Nervous System, Peripheral Nerves, Wounds and Injuries.
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