A COLETA COMPULSÓRIA DO PERFIL GENÉTICO PARA FINS CRIMINAIS: O RESGUARDO DA SEGURANÇA PÚBLICA FRENTE A MITIGAÇÃO DO PRINCÍPIO DA NÃO OBRIGATORIEDADE DA AUTOINCRIMINAÇÃO

• Autor(a) principal: WILKER MEDEIROS BENTO
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/5982
• topic: princípio da autoincriminação; defesa pessoal negativa; coleta compulsória de material genético; artigo 9-A; LEP.; Ciências Humanas

In order to understand and elucidate the principle of non-mandatory self-incrimination, this paper seeks to lay the basis for discussion on the unconstitutionality of the collection and storage of genetic material in a compulsory way, as provided in article 9-A of LEP. In 2012, through Law No. 12,654/2012, the Brazilian system began to provide for the collection of genetic material as a mechanism for identification processing, both for those investigated and for those convicted of felony crimes committed with serious violence against the person, against life and against sexual freedom, thus stipulating their mandatory submission, without the possibility of influencing their consent. The question is whether this legislative modification does not violate the constitutional principle of non-self-incrimination, since the individual will be compelled to cooperate positively with the State for his own accusation, producing evidence against himself. In this sense, the present study aims to analyze, through the deductive method and dialectical approach, the phenomenon of violation of the guarantee of non-self-incrimination, caused by the provision of compulsory collection of genetic profile, detailing the consequences that this violation causes in the due legal process and in the exercise of negative self-defense, and consequently the dissonance that has been created in the system of criminal execution, besides the probable inferences in relation to the unconstitutionality of this mechanism in front of the Brazilian legal system. As a result, it was observed, through a qualitative approach, that the institute of compulsory submission of genetic material for criminal purposes has brought several violations of constitutional guarantees, especially in relation to the guarantee of non-self-incrimination, besides influencing negatively on the regime of penalty compliance, driving the maintenance of problems in the Brazilian prison system.