ESTRELA, G. M.; http://lattes.cnpq.br/0142601759760945; ESTRELA, Gabriel de Medeiros.
Resumen:
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.