O Banco de Perfis Genéticos no Brasil: uma análise a partir da fiabilidade da cadeia de custódia e da valoração da prova científica

Abstract

With the advent of Law 12.654/2012, which amended Laws 7.210/1984 and 12.037/2009, the genetic material of suspects and convicts could be collected and used as criminal evidence in order to improve the quality of criminal prosecution and seek to meet the yearning for the criminal proceedings’ modernization and the eradication of crime. In this context, through the confrontation carried out in the database of genetic profiles between the trace found at the crime scene and the biological material extracted from suspects and convicts, the use of genetic evidence presents itself as a growing trend, which tends to be expanded if approved Bill No. 882/2019, known as the “Anti-Crime Package”. In this scenario, this paper seeks to discuss the use of scientific evidence, so as to enable the verification of its suitability and allow its proper valuation. In this sense, it is intended to deal with the indispensability to verify the chain of custody’s reliability, once the evidences are obtained and confronted outside the lawsuit. In addition, once it has entered the lawsuit, it seeks to demystify the infallibility of scientific evidence, so as to prevent it from being overrated by the judge, who sometimes disregards the collation of technical evidence with the other elements presented in the case, becoming a mere ratifier of the expert report. In this context, the modernization of criminal prosecution and the use of new available techniques is necessary. The use of technological resources in criminal proceedings, however, must be carried out with caution and attention, in order to ensure the constitutional guarantees provided, such as due process of law, legal defense, equality of arms and the presumption of innocence. Therefore, the various aspects of current legislation and of the Bill under consideration should be rationally considered and analyzed in order to seek the most beneficial use of technology and in accordance with the legal system and protective principles contained therein.