The evolution of criminal evidence motivated by the progress of science: the use of DNA and the establishment of the genetic profile database in Portugal | 2015

Author(s) Marta Sofia Pinto Bichança
Advisor(s) Mário João Ferreira Monte
Year 2015

Synopsis This dissertation has the purpose of studying deoxyribonucleic acid – DNA – and its main features, aswell as the way as it can be used for criminal investigation. The basis of this theme can be found in the law nº 5/2008 of 12 of February and in the Portuguese jurisprudence, which are analyzed with the goal of knowing how databases of DNA profiles are regulated and what value is given to this kind of proof. During the study of the resort to DNA as criminal proof it will be essential to focus on the creation and implementation of databases of DNA profiles in Portugal, particularly in its problems, among which we can point out the possibility of violation of several rights, which requires an individual analysis of each one. Bearing that in mind, it’s necessary to figure what is the relevance of these databases judiciary law through the observation of the number of DNA profiles inserted along with the number of matches achieved, related to sample-problem or sample-reference, since the moment of its creation till 30 of June of the current year. Concluding, we intend to appreciate how the potential of criminal evidence can be applied in criminal matters without harming, in an inadmissible way, rights, civil liberties and guarantees of the citizens.

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