A ampliação do rol compulsório do banco nacional de perfis genéticos à luz da colisão entre a garantia da não autoincriminação e o direito a produção de provas

Abstract

Research that has the scope to analyze the possible expansion of the compulsory roll of the National Bank of Genetic Profiles (BNPG), established in 2012, by Law nº. 12.654, under the bias of the conflict between the constitutional guarantee of non-selfincrimination and the right to produce evidence. Thus, it is examined how the current compulsory roll of DNA supply, and consequently its expansion, damages the Federal Constitution, as it confronts nemo tenetur se detegere. On the other hand, it is also verified how the right to the production of proofs supports the BNPG in its current molds and sustains the hypothesis of expansion of the compulsion of the profiles to be collected. The socio-criminal gains of the expansion are investigated, in face of the current scenario of fallibility of criminal prosecution in the country, without forgetting the legal questions about dignity and the right of not being forced to produce evidence against oneself, related to the offending agent. The losses and gains from the expansion of the roll are also evaluated, from the perspective of the effects obtained in the police investigation with the National Bank of Genetic Profiles in partnership with the Integrated Network of Genetic Profiles Banks. To this end, bibliographic surveys were conducted from books, articles and scientific papers developed in the area of criminal procedural law and constitutional law. In addition, as a source of research, statistical data demonstrating the impact of the BNPG in recent years were evaluated, exposing quality-quantitative results by means of graphs and figures, which validate the effectiveness of the platform and point to the growth of this aid in the event of the expansion of the mandatory list. Finally, the conclusion of the study suggests that the relativization of the right to non-self-incrimination should be considered, in view of the socio-criminal gains of the expansion, supported by the right to the production of evidence and also considering that the aforementioned individual guarantee does not present an absolute feature. Thus, the preponderance of collective interest presents itself as a way out of the conflict, capable of contributing to the alteration of the Brazilian criminal scenario.