DNA EXAMINATION AS A FORM OF GUARANTEE OF THE PERSONALIZED NAME RIGHT

Authors

  • Ozeias Amaral da Silva FAMETRO
  • Antônio de Lucena Bittencourt Neto FAMETRO

DOI:

https://doi.org/10.51891/rease.v9i10.12251

Keywords:

Direito de Família. Exame de DNA. Direito Personalíssimo. Investigação de Paternidade. Filiação.

Abstract

Membership is a right enshrined in the 1988 Federal Constitution, closely related to personal rights and the dignity of the human person. This is a literature review that surveys the changes that have occurred in the field of Family Law and the way in which the legislator has positioned itself in order to best address social changes. Having as its central objective the DNA test as a way of guaranteeing the very personal right to the name, as well as demonstrating the great legal importance of the DNA test as a means of indisputable expert evidence for Brazilian legislation regarding the protection and guarantees of very personal rights. The methodology of the work was based on the technique of bibliographical research with the analysis of books, articles and reports so that, in the end, it is possible to reach the conclusion of the seriousness that the subject addressed presents as well as the effects that arise with its existence in the social life in general. At the end of the study, it was concluded that the recognition of biological paternity is a basic human right and regarding the conflict between rights and the possibility of refusing the DNA test by the supposed father.

Author Biographies

Ozeias Amaral da Silva, FAMETRO

Graduação em Direito- Faculdade Metropolita de Manaus/Amazonas, FAMETRO.

Antônio de Lucena Bittencourt Neto, FAMETRO

Orientador do curso de Direito- Faculdade Metropolita de Manaus/Amazonas, FAMETRO.

Published

2023-11-26

How to Cite

Silva, O. A. da, & Bittencourt Neto, A. de L. (2023). DNA EXAMINATION AS A FORM OF GUARANTEE OF THE PERSONALIZED NAME RIGHT. Revista Ibero-Americana De Humanidades, Ciências E Educação, 9(10), 4979–4995. https://doi.org/10.51891/rease.v9i10.12251