A identificação do perfil genético para fins criminais: uma análise sob a perspectiva dos direitos fundamentais

Abstract

This dissertation has as its theme the identification of the genetic profile for criminal purposes from the perspective of fundamental rights. The crux of the matter concerns investigating whether and to what extent there is a violation of fundamental rights when the individual is compelled to give up his genetic material for storage in a database for criminal purposes. To create a basis for the research, a qualitative approach was adopted, consistent with the method of dialectical reasoning, being an exploratory and explanatory study. The work also assumed a bibliographic and documentary design, being conducted in the scope of criminal and constitutional procedural law, with the analysis of data in the form of content, with texts and a theoretical construction. In summary, the research sought to address aspects ranging from a delimitation of the theme, that is, working concepts and making an analysis on the functioning of a database of genetic profiles, in addition to presenting, historically, the methods of criminal identification that once existed and fell into disuse, as well as those currently used. Still, it was possible to analyze the entire legislative context of genetic identification both from the international and foreign aspect, as well as from the Brazilian aspect, including important understandings of higher courts on the subject, with the objective of assisting in the understanding of the aspects of genetic identification for criminal purposes and fundamental rights.