A compulsoriedade da coleta de perfil genético como forma de identificação criminal prevista na Lei no 12.654/12 e sua relação com teoria da reação social (labelling approach)

Abstract

The objective of this work is to evaluate the stigmatization of the convicted person in relation to the theory of social reaction (laberlig approach) from the promulgation of Law no 12,654 of 2012, which promoted important changes in criminal identification legislation (Law no 12037 of 2009) , in the Criminal Execution Law, added in article 9-A and following paragraphs the possibility of compulsory collection of genetic material from people subject to a conviction, with the aim of storing it in the National Genetic Profile Bank. In order to meet the legislative criteria, the sentence subject to the aforementioned legislation must have a criminal type structure: violence, serious threat and violation of the sexual freedom of an incapacitated person.