A cadeia de custódia da prova genética

Abstract

This work, presented as a requirement for obtaining the title of Master in Criminal Sciences in the postgraduate program in Criminal Sciences of the Pontifical Catholic University of Rio Grande do Sul, and in research of Contemporary Criminal Law Systems, seeks to analyze the contents and consequences of innovations brought by law nº 12.654, May 28, 2012, who introduced the genetics criminal identification in the brazilian legal system. To this end, the work, proceeded by the research of national and foreign doctrine literature, is divided into three distinct parts. In a first moment, will be examined the influence of science in criminal proceedings, especially in the formation of the belief of the judge, addressing, not only the concept of scientific evidence, as well as the criteria for admissibility and valuation. Secondly, will specifically address the genetics criminal identification in the Brazilian criminal law provided for analysis and their confrontation with the principle nemo tenetur se detegere. Finally, we must analyze the chain of custody of evidence, i.e., in addition to its significance, what procedures must be observed, so concatenated, in the collection and introduction of this kind of evidence in criminal proceedings, as well as the consequences of non-compliance with such procedures of caution.