Personality rights in respect to paternity investigation and the presumption of juris tantum

Abstract

This work seeks to identify the right to know the genetical identity of a human being, informed by the dignity principle, and made possible by the evolution of genetics – the DNA test. It also discusses the conflicts established by the various human being fundamental rights, not only is respect to the possible child rights to be recognized, but also in terms of the possible father rights not to recognize him/her, and the possibility of making these rights relative. It also reviews the role of the presumption institute juris tantum and its effects in face of the refusal of the investigated to be submitted to the DNA test, and the paternity presumption defined by the STJ’s Compendium 301. Finally it talks about the possibility of making relative the object in judgment in face of negative paternity by the means of a late DNA test.