A utilização do exame de DNA como material probatório na investigação criminal e elucidação dos crimes: uma análise no ordenamento jurídico pátrio

Abstract

The present monographic work aim to approach and clarify the criminal investigation branch and its aspects. Thus, the approached content will be extremely value passing thru understand how the forensics sciences will be helpful tools on the investigation, such as Legal Medicine and Criminalistics. It will also be pointed ways of obtaining the probatory material, such as DNA, and the importancy of proofs as throught way on the investigations, always paying attention to the rights and prerrogatives of the investigated, respecting principles such as Nemo tenetur se detegere. It has been approached, besides this, the Anti-crime package Law, which will be analyzed on a fundamented way, exposing the doctrinaires critics and the divergents understandings to the law itself on which matter to the usage of DNA on the criminal identification, showing disconnection on some of its devices with fundamental precepts, and the alteration brought by it ends to violate constitutional rights guaranteed to the individual. Therefore, will be studied specifically the Articles 9-A, §8o and 150, item VIII, of the Criminal Execution Law, that verses exactly about the criminal identification based on the accused's DNA to the formation of the genetic profile that will help the criminal investigation, based on the deductive methodology, which comes from bibliographic’s theorys analysis and pre-existent laws.