THE OBLIGATION OF THE ASSIGNMENT OF GENETIC DATA ON THE PART OF THE VICTIMS PROVIDED IN THE LIST OF ART. 9-A OF THE LEP AND ITS IMPACT ON THE NEMO TENETUR SE DETEGERE PRINCIPLE

Abstract

In Brazil, despite the advent of its Constitution and the phenomenon of Neoconstitutionalism, there is still some resistance to compliance with constitutional dictates, especially those related to the criminal system. Thus, this article aims to analyze the impacts of the mandatory transfer of genetic data provided by the convicts in the list of art. 9-A of the Criminal Execution Law and the consequent serious misconduct provided for in §8 of determined article on the nemo tenetur se detegere principle. The methodology of analysis will be the dogmatic-legal research of a bibliographical nature, through the consultation of Brazilian works, legislation and jurisprudence about the problem. In the end, it is concluded that the submission of the convict to the compulsory collection of his genetic profile is an affront to the Federal Constitution of 1988, as well as the American Convention on Human Rights, since it violates the individual's right not to actively participate in the production of evidence that is harmful, nemo tenetur is detegere, in addition to violating other constitutional principles, such as due process of law, ample defense, adversarial proceedings, the presumption of innocence, the dignity of the human person and the rights of the individual's personality, which demonstrates the inquisitorial character still in strength in the Brazilian legal system, on the contrary of what is imposed by the citizen's constitution.