A utilização de bancos de perfis genéticos para fins criminais: antigos e novos dilemas no cenário da necropolítica brasileira

• Autor(a) principal: Borges, Clara Maria Roman
• Data de Publicação: 2021
• Outros Autores: Nascimento, Deise dos Santos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/74454
• topic: Direito; Bancos de perfis genéticos. Identificação criminal. Lei nº 13.964/2019. Necropolítica brasileira.; DNA databases. Criminal identification. Brazilian Law 13,964/2019. Brazilian necropolitics.

This article is the result of a research carried out to verify whether the changes imposed by Law 13,964/2019, in relation to the use of DNA databases for criminal purposes, made possible the overcome of old dilemmas on this subject, which has been debated by Brazilians law scholars for some years, and whether it has faced the new dilemmas discussed in other countries, which put in question the adoption of such databases as a tool to fight crime. Based on a theoretical narrative literature review, it analyses the possible perpetuation of constitutional violations resulting from the use of genetic profile banks in accordance to the new legislation, critically examines the justification officially presented for its adoption by the Brazilian criminal justice system, regarding the effectiveness of these banks in solving crimes, and explores questions that may still arise in relation to the use of DNA evidence for criminal persecution purposes in Brazil. Moreover, it reflects, in an essayistic way, how the use of genetic profile banks can contribute to increase the necropolitics reproduced by the Brazilian criminal system. It is concluded that the new legislation radicalized the constitutional violations resulting from the use of genetic profile banks for criminal purposes, without even proving their effectiveness, and that it did not provide answers to dilemmas faced by other countries that use such evidence tool, thus continuing to feed the circularity of black and poor people in prisons, leaving them even more vulnerable to death.