THE CRIMINAL IDENTIFICATION BY DNA, CONCERNING THE PRIVILEGE AGAINST SELF-INCRIMINATION

Abstract

This article aims to analyze the Law 12.654/2012, which, among other changes, added a new form of criminal identification: by DNA. Initially, we will study the possibility of the investigated and the defendant be submitted, even without consent, to the extraction of their biological material. After analyzing the scope given in Brazil to the privilege against self-incrimination, we will discuss if the Law 12.654/2012 does not eventually confront such privilege. Finally, since the final result is a production of a genetic proof, we will consider the reliability of DNA exam.

Keywords

• law 12.654/2012
• dna
• nemo tenetur se detegere
• privilege against selfincrimination
• criminal process