Charlisson Mendes Gonçalves
The convergence of generative artificial intelligence (AI), digital choice architecture, and neurotechnology has challenged traditional regulatory frameworks and fostered the emergence of neurorights as an evolving field of legal protection. This systematic literature review synthesizes academic publications and legislative documents published between 2022 and 2025 addressing the intersection of dark patterns, algorithmic bias, behavioral economics, and cognitive rights. Searches were conducted in Scopus, Web of Science, PubMed, and LILACS/BVS using structured Boolean search strategies organized around three thematic domains: generative artificial intelligence, neurorights/regulation, and behavioral economics. Following the screening of 1,247 records, 48 studies and 12 legislative documents were included in the qualitative synthesis. The reviewed evidence suggests that generative AI expands the potential use of sophisticated digital influence mechanisms, such as personalized hypernudges, while simultaneously intensifying challenges related to mental privacy, cognitive liberty, and decisional autonomy. Comparative analysis of legislative initiatives from Chile, the European Union, the State of Colorado, and Brazil indicates an emerging yet heterogeneous international regulatory movement toward protecting mental integrity. The review concludes that the consolidation of neurorights requires revisiting the concepts of informed consent, autonomy, and vulnerability by integrating insights from behavioral economics into data protection and AI governance frameworks. Significant empirical gaps, particularly regarding evidence from the Global South, remain an important challenge for developing more representative and globally applicable governance models.