Prova penal : a cadeia de custódia da prova genética

Abstract

The 21st century began under the sign of the expectation opened by the accelerated scientific and technological development and, above all, by the massification of new media and information, which completely redefined the way people and the State relate with time and the right to intimate privacy. Haste and efficiency have become the hallmarks of a control and monitoring society, where the economy time seems not to accomodate the time of Law. The procedural rite of the rules of the criminal procedural game, increasingly, curves at this frenetic pace, weakening the sistemic rationality, indispensable to safeguard individual rights and guarantees. It is this context that the objetc of the present study is placed, which analyzes some of the legal impacts of genetic engeneering and DNA banks on the citizen's rights to intimate privacy by problematizing the conditions of collection, storage and possible destination of personal information coming from genetic material. The attention is, then, directed to the need of adopting a consequent probative standard, an observer of constitucional vectors, in the framework of an intransigent defense of the democratic criminal procedure, as a barrier to the strong totalitarian tendencies of contemporaneity, expressed in the increasing opposition of efficiency to detriment of individual freedom. The present investigation is placed in the concentration area in Criminal System and Violence, having as research line the Contemporary Legal-Criminal Systems.