A utilização do exame de DNA para fins de identificação criminal nos crimes contra a dignidade sexual

Abstract

This work has been done seeking to analyze the impact and efficiency of the use of the DNA test in Brazil, based on the use of genetic profiles registered in the national database, in the resolution of criminal cases that deal with sexual crimes, taking into account the recent discussion, under the bias of constitutional principles, especially the presumption of innocence and nemo tenetur se detegere, about the (un)constitutionality of art. 9-A of Law nº 7.210/1984, added by Law nº 12.654/2012 and modified by Law nº 13.964/2019, which deals with the compulsory submission to the identification of the genetic profile of the person convicted of an intentional crime committed with serious violence against the person, as well as for a crime against life, against sexual freedom or for a sexual crime against vulnerable. To carry out the research, scientific articles and books dealing with the subject were used as bibliographic sources, in addition to the comparative law analysis of the use of genetic profiles banks in several countries in view of Constitutional Rights, starting from the general information obtained through the references to arrive at the conclusion on the hypothesis raised. From then on, it was concluded that there is no guarantee of the efficiency of criminal identification obtained through genetic profile banks in cases of sexual crimes, mainly because, as a result of the research, it was verified that, in most cases, the aggressor is someone known to the victim, therefore the use of DNA testing is not necessary.