A inconstitucionalidade da Lei nº 12.654/12 à luz da Constituição Federal/88 e o seu reflexo na Lei de Execução Penal

Abstract

The main point of this research was the unconstitutionality of law 12.654/12 in the light Federal Constitution of 1998(CRFB/88) and its reflection on the criminal execution law. For this, concepts and perspectives of different authors were approached, such as Aury Lopes Junior, in addition to a brief trajectory of how the DNA Test developed until raching the legal world, to elucidate crimes. For this, the study used the bibliographic research method with analysis of different countries that also adopted the creation of genetic detabase for the purpose of criminal identification. It was also in order to try to explain the tesis of the unconstitucionality of this law, which were addressed probative principles based on CRFB/88. With the achievement, it was concluded that the ideal is that there should be a reanalysis around this law, because it directly reaches the Federal Constitution. Finally, it is intended that those who have contact with the aforementioned text understand and pass of this content, so that there can be a kwowledge involving the creation of the genetic database and the affront to the constitutional guarantees that it refers.