Banco de dados genéticos para fins de identificação criminal em tempos de uma cultura do medo: considerações político-criminais da Lei 12.654/12

Abstract

The present work has as its main goal the analysis of the media's role and its influence on a "risk society" and the formation of a "fear culture". How it, by transmitting criminal occurrences on an excessive and sensationalist fashion, mitigating relevant data and real factors, ends up creating a misguided uproar relating to criminality. Therefore, there's a construction of fear and insecurity in society, pervading the popular imaginary with the possibility of actually being victims of the shown actions. Consequently, there has been the proposal of solutions which have gained popular support, such as the creation of new crimes, the aggravation of punishment and a more severe legislation, creating an exaggerated expansion of criminal law. One of these solutions, object of the present work, regards changes made to the criminal execution law and the inclusion of DNA as a means of criminal identification, according to law nº 12.654/2012. It will be analysed how such expansive criminal politic can be observed on the aforementioned regulatory text and how it has taken to the relativization of some constitutional principles, in view of the teleological grounding of our criminal policies.