VIEIRA, P. E. C. N.; http://lattes.cnpq.br/4121210741391439; VIEIRA, Pedro Edberg Castro do Nascimento.
Resumen:
The need to identify individuals has always been a concern for society, especially
when the identification relates to the investigation of alleged crimes. Therefore, this
course completion project works with the concept of criminal identification, when it is
held and its purpose, as the constitutional and legal treatment given to subject, in
order to verify if the biometric identification may be used for this purpose. The study
used the deductive method of approach and the literature as a research technique,
analyzing the Federal Constitution, the infra-constitutional norms, doctrine,
jurisprudence, dissertations, articles and websites. Thus, the Federal Constitution of
1988 established that the criminal must be identified in an exceptional way, therefore,
the police authority must seek first the identity of the suspect through the civil
documents. The Magna Carta established that such a guarantee could prove to be
restricted by simple ordinary law, thereby, two ordinary laws sought to regulation
criminal identification: law n. 10.054 of 2000 and the law n. 12.037of 2009. Such laws
exception the guarantee of civil identification, establishing situations where it would
be possible to perform the collection of fingerprints data and obtaining the suspect's
photograph without there affront to Higher Law. However, given the state need to
always seek to update the law, questions whether biometric identification could be
established as a kind of criminal individualization. Therefore, approaches to
biometrics, automated method of identification that takes place through the
confrontation of predefined individual biological data. Thus, the study demonstrates
the possibility of using biometrics as a kind of criminal identification, in view of the
use of biological data by the Electoral Court, banks and even the Brazilian passport.