A identificação criminal por meio da coleta de material genético - Lei 12.654/12 e o princípio do Nemo Tenetur se Detegere

Abstract

This research analyzes criminal identification by collecting the individual’s genetic material, and the principle of non-self-incrimination. The study itself consists initially in exploring the Nemo Tenetur se Detegere principle, its brief historical context, and its origin in the Brazilian legal system, and also deals with the main principles of criminal process relevant to the theme. Subsequently, it discusses the evidence in the Brazilian criminal procedural law, conceptualizing the different means of evidence and relating to the consent of the accused. Law 12.654/12 is addressed, as well as changes that it has caused in Laws 12.037/09 and the Law of Criminal Execution 7.210/84, and also discuss the changes of Law 13.964/19 “Pacote Anticrime”. It happens that the individual's consent and collaboration are controversial because of the principles and guarantees provided in the Federal Constitution of 1988, such as the right to silence and the right to freedom. Therefore, this paper aims to determine whether the collection of genetic material instituted in Law 12.654/12 is compliant with the constitutional principles and guarantee of non-self-incrimination