A biometria na identificação criminal.

Abstract

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.