A vulnerabilidade da dignidade humana diante dos avanços tecnológicos: o dilema entre segurança e direitos da personalidade sob a perspectiva do filme Robocop

Abstract

The current article elicits, through a transdisciplinary point of view, the important relation existent amongst the science of Law and other sets of knowledge. In this paper, developed upon the movie Robocop (2014), by Brazilian director José Padilha, legal science establishes a harmonic dialogue with Art, Fiction and Technology. The plot of the cinematographic work which based the reflections here presented exposes a true dilemma set between security and the personality rights, especially regarding the right to privacy. The film is about Alex Murphy’s story, an American cop who, after suffering a serious accident, had his body transformed into a “machine” operating in a relentless and unconditional pursuit of the State for total and absolute security, along with a heavy capitalist influence from big companies. The issue acquires robustness from the violation of several personality rights of the leading character, whose privacy and physical, along with psychological, integrity was strongly vilified. In this tuning fork, putting to question a Law science which is increasingly closer to a hard and strict positivism, this project analyses the movie Robocop in the light of the civil-constitutional law, demonstrating that what seems to be, at first sight, mere Fiction, can become tomorrow’s reality. In times of deep infringement to fundamental, innate and inalienable rights, the limit between the State’s need to ensure the effectuation of collective or general rights and individual guarantees, grounded on the fundamental principle of the dignity of the human person, must be questioned. Under the cloak of the humanization of the Law, it’s brought in this space the idea that living away from a minimum amount of human dignity is to merely exist. As of technical procedures, bibliographical research was used, as it is proper to the exploratory branch.