Genetic Identification of Civilly Identifiable People as Proof of Authorship

Abstract

Current article analyzes whether the possibility of collecting DNA, which the new Law 12654 introduced in Brazilian Penal Code in 2012, is a method for criminal identification or proof of authorship. Criminal identification of the civilly identifiable person may occur only to take away doubts in the wake of the presentation of documents (excepting Law 12037/09), which may be done by fingerprint, photographs or DNA. After fingerprint collection, which is unique and does not change throughout one´s life, the suspect would be sufficiently identified and would not need DNA samples for further identification. If the aim of DNA collection is identification, the new law does not apply and an underlying covert aim would be perceived, or rather, a proof of authorship. It would not be another identification tool but an instrument against the principle nemo tenetur se detegere (no one has the duty to bring proof against oneself ). Results show that genetic criminal investigation is a specialized tool and may be undertaken only if it is indispensable to establish the authorship of the crime. It is an authentic proof and not merely an identification process.