Author(s) Carla Patrícia Machado de Sousa
Advisor(s) Mário João Ferreira Monte
Synopsis This investigation paper reveals the study about the contribution of the application of the new DNA analysis techniques in the resolution of criminal cases. However, the use of the potentialities of this innovative techniques resorting to DNA, to criminal use bring many complex problems, which you can’t ignore. To analyze DNA it’s necessary to numerate any type of sample of product that contains genetic material, which is found in every nucleated cell of the material subjected to analysis, making the DNA analysis the standard method to the forensic study of biological remains. It happens that, in some situations, to retract this samples it’s necessary to act on the receiving body of that technique. Due to it – may it be the prior extraction of the biological sample or the posterior analysis of the collected genetic material (DNA) – certain fundamental rights can be limited. It’s inherent to every criminal investigation that restrictions to fundamental rights are a reality, as long as certain guarantees are full field, which should always be the cornerstone of this kind of evidentiary diligences leading to the discovery of the material truth. Otherwise, the evidence will be forbidden. The DNA analysis, when it interferes with a person’s body, it’s in the limit between allowed and forbidden evidence. For so, we urge to find a balance, not diminishing the defense guarantees and fundamental rights of the person submitted to this kind of evidence, and not sacrificing as well the community interest to achieve the material truth, to proceed with the task of criminal fight and to reprimand, when necessary, the responsible.
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