Criminal identification made through the use of genetic profiles (Law nº 12.654/12): analysis according to proportionality principle and its relevance for the Public Prosecutors activities.

Abstract

The collective interest relating to public security and the need to adequate Law to new technologies brings out discussions about the limits of State`s policies adopted against criminal offenses. In such context, the enactment of Law nº 12.654/12, that allowed the collection and storage of genetic information for purposes of criminal identification, has led to debates related to the constitutionality of implementing this new identification technique, as it might violate individual rights. This paper intends to analyze the main changes introduced by Law nº 12.654/12; the constitutional viability of implementing the criminal identification made through the use of genetic profiles from the perspective of the proportionality principle; and the relevance of this new technique for the Public Prosecutors activities.