Mandatory Submission to The Identification of Genetic Profile for Criminal Purpose: A Broach Pursuant to the Right to Privacy and Dignity of the Human Person

Abstract

This article aims to demonstrate that the mandatory submission convicted of a crime committed, intentionally, with serious violence against person or heinous crime, to identify the genetic profile by DNA extraction - deoxyribonucleic acid, although by proper and painless technique is offensive to fundamental rights. For this purpose, it is part of the overall concept of the right to privacy, which is configured as a negative right or protection against unlawful state mismanagement, in order to protect a need or a basic right to the free individual self-determination. Then genetic intimacy is defined as an asset able to reveal the physical, psychological, behavioral and disease features, which, if disclosed or accessed without the consent of the accused, may generate stigmatization and discrimination of the subject involved, violating in this way, therefore, the right to privacy. In conclusion, we move towards emphasizing besides the right to privacy, compulsory provision of biological material to identify the genetic profile is offensive to fundamental rights to physical liberty or outpatient; physical integrity; to the freedom of religion or conscience; non-discrimination; the silence and non-production of evidences against himself, and in last instance, the biggest vector of all fundamental rights: the dignity of the human person.

Keywords

• Perfil genético, Direito à intimidade, Direito a dignidade da pessoa humana