Multiplicidade Genética e quimerismo em seres humanos: as incertezas no exame de DNA e seu status de prova pericial absoluta

• Autor(a) principal: Costa, Camila
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/42665
• topic: Quimerismo; Chimerism; Exame de DNA; DNA Test; Prova Pericial Absoluta; Absolute Thecnical Court Evidence; Investigação de Paternidade; Paternity Investigation; Investigação Criminal; Criminal Investigation; Direito de Família; Family Law

The present work is based on a study on chimerism disclosure and its impacts on DNAs tests efficacy as absolute expert evidence on Brazilian's courts. It was discovered that chimeras, an individual with more than one DNA, are common in society. The difficulty is on its diagnoses. The problematic occurs when the DNA test used as evidence created a tendency of its overvaluation by judges, which sentences court lawsuits based on its results, without considering the whole probative set. It is a dangerous situation, because there is not, in Brazil, any national regulation about the test's methodology. It is proposed to verify the types of chimerism, their degree of incidence and their diagnosis' ways, just as well DNA test revolutionary influence on the judiciary ant its uses as expert evidence and the later influences of chimerism on it probative value. For this purpose, scientific and genetic engineering articles are used. It was concluded that there is no scientific rate on how common chimerism is, although it is not a rare phenomenon, and it was also found that the DNA test is not the appropriate form for diagnosis, leading to false negative results. This generates huge impacts on families' court lawsuits judgments, concerning the state of filiation, as well as false innocence in criminal trials. Therefore, judges should not blindly trust the outcome of the report without analyzing the methodology applied. Also, there is the need for methodological adaptations on the exam by the discoveries of chimerism by regulations, besides recommendations in judicial decisions.