A utilização do perfil genético como forma de identificação criminal – as perspectivas da lei nº 12.654/2012 no ordenamento jurídico brasileiro

Abstract

This paper has the porpouse of discuss about the narrative of the Law 12.654/2012 and its developments on the brazilian legal scenario. The law over the collect of genetic profile as form of criminal identification is based on the problematic of Law principles, as well as its applicability in the Society. In the first part of the paper, is discoursed about the history and Discovery of the DNA – deoxyribonucleic acid –, up until its aplication in forense Science. Besides that, clarify about the first case solved using the DNA as a form of criminal identification, as well as the Evolution of the technique around the world. After that, is approached the perspective of the legal scenario in accordance with the Law 12.654/2012. Combined with the interpretation pf the existing principles on the Federal Constitution, Codex of the Legal Process and jurisprudence confronting the Law above-mentioned. Yet, also exposed the minority unsderstanding about the possible unconstitutionality of the Law, with correlation, mainly, to the principle “nemo tenetu se detegere”. Posteriorly, is demonstrated the applicabiliity of the Law 12.654/2012 in pratical situations, the aid for public safety, the resolution of legal infractions, besides the criation of a data bank for storage of genetic material. Although its shortness, the Law also expose a way of extration, collect and packaging of the material. Lastly, the study is about the better unsderstanding of the Law 12.654/2012, with the existing legal devices on the brazilian legal scenario and is effectiveness.