Ilicitude do DNA como prova forçada

Abstract

The present work aims to analyze the criteria that determine the illegality of the use of DNA testing as evidence in criminal proceedings. It also intends to address the possible consequences of the permission given by the Brazilian legal system for the realization of genetic identification for criminal purposes in the face of the principle of Nemo Tenetur se Detegere, as well as the right to privacy, intimacy and other fundamental rights. Consequences hitherto little analyzed in the light of the permissiveness of the authorizing standard, and requires more responsible and consistent legal treatment with the Democratic State of law. The argument is deepened about the performance of the DNA test in the circumstances in which there is refusal on the part of the taxable person to collaborate with the test, in view of proportionality and the questionable right to non-self-incrimination, allowing a solution that better reflects justice in the specific case.