(In)constitucionalidade da lei de identificação genética: uma análise da lei 12.654/2012 frente às garantias individuais no processo penal

Abstract

The article in question aims to address the (in) constitutionality of the law of genetic identification. Law No. 12654 - a normative force that amends articles of the LEP and Law 12.037 - which was sanctioned by the former president of the republic, Dilma Roussef, introduces in our legal system a conflict between certain fundamental rights of the accused and the will to punish the State. Such a law should, in this way, bring about several significant changes for the accused in criminal proceedings. Basic principles of criminal proceedings may be limited from the point of view of compulsory genetic extraction, to the point that it will be up to the Magistrate in each specific case to analyze the feasibility of the measure and to use jurisdictional hermeneutics to legitimize the mitigation of the protection of the accused against the wishes of the population. In this sense, answers must be sought regarding the constitutionality of this new Law and the discussion about the discretion of the judiciary over the use of the weighting formula