Obrigatoriedade do fornecimento de material genético sob a perspectiva dos casos Beatriz Angélica e Rachel Genofre

Abstract

This paper analyzes the mandatory provision of genetic material by individuals serving custodial sentences, as determined by the Brazilian penal system. The work carried out on this topic aims to understand this requirement in light of the principle of nonself-incrimination, the infrastructure that was created for its legal application, especially the National Genetic Profile Bank, and finally, its results, through the study of two cases that were directly solved by the aforementioned institute, the Beatriz Angélica case and the Rachel Genofre case. This type of approach is important and is based on the provision and argumentation of evidence to the scientific community on how theoretical and normative aspects relate to reality, since the main purpose of this research is to demonstrate how cases that were without prospects during their investigation were effectively solved after the comparison of genetic profiles registered in the Integrated Genetic Profile Bank Network. The methodology adopted is based on the exploration of bibliographical references, legislation concerning the subject and journalistic articles that document the entire chronology of the cases under analysis. Finally, it is important to emphasize that the conclusions obtained demonstrate that although there is a conflict with an important principle of Criminal Law, the results are positive and justify its continuation in the national legal system, as long as it continues to be applied in a balanced manner and without arbitrariness.