A identificação compulsória do perfil genético: uma análise à luz dos princípios constitucionais e do processo penal.

Abstract

Law nº 12.654 of May 28, 2012 amended Laws nº 7.210/1984 (Penal Enforcement Law - LEP) and nº 12.037/2009 (Criminal Identification Law), making it mandatory to identify the genetic profile for certain convicts, something that generates much discussion about the constitutionality of such practices. With the advent of Law nº 13.964/2019 (known as the Anti-Crime Package) it was included in the LEP that the refusal on the part of the convict to provide genetic material constitutes a serious misconduct resulting in the loss of several rights. This monographic work aims to analyze the consequences of this denial of rights to inmates who refuse to voluntarily grant genetic material, given that the Principle of Non-Self-Incrimination prohibits punishment for those who do not wish to produce evidence against themselves. For this, the method of approach used will be the deductive and the method of procedure will be the comparative. Regarding the nature, it is applied research, in which it will have a qualitative approach. With regard to the general objective, it is exploratory research and the technical procedures used were bibliographic. And documental collection was used to obtain the data.