Legal implications of the regulation of genetic profiles banks for criminal prosecution purposes in Brazil

Financier: Call MCTI / CNPQ / MEC / CAPES No. 43/2013
Duration: December 2013 to December 2015
Coordinator: Prof.. Dra. Taysa Schiocchet
Members: Taysa Schiocchet, Amanda Barbosa, Anita Spies da Cunha, Bianca Lazzaretti, Jessica Appel.

This research proposal of the fact that, despite the massive presence of biotechnology and genetic research in the country, including forensics, as well as the proliferation of normative documents at the international level, the Brazilian population is particularly affected by crime and by reflections a weak and faltering legal system. In this context, there was the recent publication of Law No. 12,654, of May 28, 2012, regulated by Decree No. 7.950 of March 12, 2013, which requires those convicted of the crime committed, intentionally, with serious nature of violence against the person and heinous crimes, to submit to identify the genetic profile by DNA extraction, by inadequate or painless technique. In addition, the law deals with other issues related to banks of genetic profiles which can affect fundamental rights provided for in the 1988 Constitution.