THE (IM) POSSIBILITY OF EXPANDING THE USE OF FORENSIC GENETICS FROM THE PERSPECTIVE OF THE FUNDAMENTAL RIGHTS AND GUARANTEES OF THE BRAZILIAN FEDERAL CONSTITUTION

Abstract

This article aims to discuss the possibility of expanding the use of forensic genetics from the perspective of the fundamental rights and guarantees of the Brazilian Federal Constitution by analyzing how forensic genetics works in Brazil, discussing, in a comparative way, how the Brazilian legislation deals with the subject, allowing or not the expansion of DNA collection, and its possible advantages or disadvantages in the current situation of the country. Through descriptive research and bibliographic data collection, it is possible to infer that the scenario in which Brazil finds itself, does not allow greater use of genetic profiles collected as an instrument of criminal conviction, this happens because the current legislative texts are already responsible for raising questions about the use of forensic genetics, since its application finds several obstacles regarding the fundamental guarantees covered by the Constitution and infra-constitutional laws. In this way, the results found demonstrate that there is a global increase regarding forensic genetics, which presents positive responses in several countries; however, this reality will only be possible if applied in an equally way, without any discrimination or manipulation by the State.