A violação dos direitos e garantias constitucionais do cidadão pela Lei n° 12.654/2012(Lei do perfil genético).

Abstract

The work consists of the study of Law. 12,654, of May 28, 2012, which deals with collecting genetic profile as a form of criminal identification, focusing on the constitutionality and legality of legislation in the light of fundamental rights of the citizen guaranteed by the Federal Constitution of 1988. In this paper we describe briefly the history of criminal identification in Brazil, discusses the Bill no. 93/2011 and its grounds. We report the use of DNA for criminal identification, exposing the methodology, the technical efficiency and reliability of the examination of DNA in criminal identification. Also exposes training, legal and rational use of Genetic Banks, as well as their access restricted. It is presented for the purpose of obtaining legal to genetic information, as well as the possibility of its misuse, demonstrating the social consequences of misuse. Aims to examine possible violations of the rights and guarantees of citizens under the new law that deals with criminal identification through genetic material. Used mainly to literature review of national doctrine and scientific articles on the law of the genetic profile as a methodology. Moreover, it presents the vagueness doctrine about the (in) Material constitutionality of that law, and the role of criminal law in a society in which requires an immediate response against the alarming crime.