FREE JUSTICE IN DNA TESTS

Abstract

The right to filiation has evolved throughout the history of Brazilian law, no longer allowing any distinction between children, whether born inside or outside of marriage. In this scenario, DNA tests have become the primary evidence in paternity recognition actions, given their low chances of error. However, its high value would not allow everyone to be able to afford the exam, which is why the legislation provides for exemption from exam costs for beneficiaries of free justice. This study outlines research into the jurisprudence of higher courts regarding the conflict between the lack of budgetary provision for these laboratory tests and the State's duty to pay for these tests to be carried out for beneficiaries of free justice, in favor of access to justice, as well as for principles of human dignity, contradictory and broad defense and the best interests of the child. The higher courts established an understanding that the absence of a budget forecast does not allow Member States to fail to guarantee the cost of biological expertise to those favored by free justice.