A inconstitucionalidade da submissão obrigatória à identificação de perfil genético para fins criminais

Abstract

In general, this paper aims to address the subject of mandatory submission to the identification of the genetic profile for criminal purposes for those condemned to heinous crimes or crimes committed with serious violence against people, an analysis of the institute provided for in the article is made. 9-A of Law 7,210 / 84, since its appearance, with Law 12,654 / 12, until the present moment, with the reform brought by Law 13,964, of December 24, 2019, the so-called anti-crime package. Pointing in this analysis all the structure of the National Bank of Genetic Profiles and the possible mistakes that can occur during a collection, coming to harm the whole chain of evidence. It is widespread to demonstrate that, precisely in the name of the supposed fight against impunity, constitutional guarantees have been gradually undermined in favor of the enlargement of the National Bank of Genetic Profiles (BNPG). Added to this is the current policy of crossing genetic data to elucidate crimes and, still, the sanction in case of refusal to supply genetic material, recently imposed by the Anticrime Package. Furthermore, the study on screen seeks to analyze whether this mandatory submission imposed by law violates the individual principles and guarantees provided for in the Federal Constitution and the extent to which it is acceptable for there to be a relativization of such important precepts, constitutionally provided for, to “guarantee” effectiveness criminal justice, social welfare and the democratic rule of law. Keywords: DNA. Criminal Identification. Proof. Constitutional Principles and Guarantees. Unconstitutionality.