COLLECTION OF THE INMATE'S GENETIC PROFILE AS A METHOD OF CRIMINAL IDENTIFICATION AND THE PRINCIPLE OF SEALING EVIDENCE AGAINST SELF

Abstract

Considering that reflecting the effectiveness of fundamental rights and guarantees becomes paramount in the Democratic State of Law, and, taking into account that, in the prison context, incarcerated people have most of their rights violated and restricted, this work has the general objective of analyzing the problem the collection of the genetic profile of the prisoner as a form of criminal identification and its relationship with the principle of sealing evidence against himself. In view of this, the following specific objectives were established: to examine the need to ensure compliance with fundamental rights in the criminal field; understand the principle of prohibiting self-incrimination, discussing its emergence, legal provision, concept and consequences; explore the genetic profile institute as a form of criminal identification; and propose the presentation of the legality or otherwise of the genetic profile in the current Brazilian scenario. The methodology used for the development of this work will be qualitative. Assuming that the collection of the genetic profile of the prisoner, although it is an efficient method of criminal identification, may represent a violation of the principle of sealing evidence against himself, as it involves personal and intimate information of the individual, which can be used against him in a criminal proceeding, contrary to the principle of presumption of innocence and non-self- incrimination, therefore, it is extremely important that there be a broad and open discussion about the ethical and legal implications of collecting the genetic profile of prisoners, seeking to find a balance between the need for criminal investigation and the protection of fundamental rights and guarantees of individuals.