Applicability and legal consequences of the National Bank of Criminal Genetic Profiles in Brazil

Abstract

The present article aims to present the applicability and legal implications of the use of national banks of genetic profiles for criminal purposes through an analysis of the creation and development of legal devices in the country, using the classic methodological procedure of bibliographic consultation, in an interdisciplinary perspective, having the theme related to criminal law, criminal procedure, human rights, bioethics, forensic genetics and criminology, being essential the interaction of law with other areas of scientific knowledge. The evolution of biotechnologies promotes political manifestations for the creation of laws aiming at the full use and collection of this genetic material with the purpose of elucidating crimes and the subsequent reduction of criminality. The legal protection of genetic data is fundamental to the discussions on new theories of human rights in the Democratic State of Law, however, the creation of such legal orders with the purpose of guaranteeing public security violates several individual rights and guarantees of the accused and sentenced, being worth pointing out the unconstitutionality of some legal provisions through the Extraordinary Appeal No. 973.873 / MG. The state action aimed at ensuring security, through influences of informal social controls, particularly public opinion, continues to be founded in detriment of the fundamental guarantees that sustain the democratic rule of law.