A submissão obrigatória à identificação de perfil genético para fins criminais: uma reflexão crítica sob a luz da dignidade da pessoa humana

• Ano de defesa: 2019
• Autor(a) principal: Melo, Bricio Luis da Anunciação
• Orientador(a): Dias, Clara Angélica Gonçalves Cavalcante
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Programa de Pós-Graduação: Pós-Graduação em Direito
• Palavras-chave em Português: Direito; Dignidade da pessoa humana; Autonomia privada; Privacidade; Perfil genético; Banco de dados genéticos
• Palavras-chave em Inglês: Dignity of human person; Private autonomy; Privacy; Genetic profile; Genetic database
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://ri.ufs.br/jspui/handle/riufs/10734

The limits of the State's powers to collect biological material from suspects or convicted criminals and to store genetic profiles as well as to make use of such information are the subject of discussion in democratic countries. Law 12.654/2012 provided for the compulsory submission of convicts in heinous crimes to the identification of the genetic profile, through the extraction of DNA, even against the will of the individual, by means of a painless technique, creating the genetic database of condemned data, as well as the submission of persons investigated in any crimes to the identification of genetic profile, as a form of criminal identification. The work emphasizes that, to the human being, rights inherent to his nature are conferred in order to be recognized for the simple reason of their existence, not considering themselves exclusive because of peculiar conditions. The recognition of privacy as a personality right went through a historical evolution until it was conceived as a fundamental right to informational selfdetermination, allowing the individual to control their personal data, including genetic data. In fact, genetic information, because it is very personal and can reach not only its holder, but also family members, requires consent to be included in criminal databases. Law 12.654 / 2012, when it foresees the obligatory submission of convicted persons in heinous crimes or investigated in any crimes to the identification of genetic profile, is unconstitutional because it violates the private autonomy and capacity of selfdetermination of the individual, since it transforms individuals criminally accused in individuals devoid of dignity, completely subject to State arbitration. The research carried out is of an interdisciplinary nature, since the analysis of the problem involves issues related not only to the Civil and Penal Rights fields, but also to genetics and bioethics. In order to achieve this aim, the literature review technique on personality rights, limits of condemnation, autonomy of will and genetics were used, notably because it is a work with legal and ethical questions. On the other hand, some aspects of the historical method will be invoked in order to locate events whose development helps the current understanding of the dignity of the human person.