International expansion of the DNA bases for criminal prosecution purposes for Brazilian law: Human genetics between sacralisation and commodification

Abstract

Brazil is a continental country, that even after emerge as an economic power, continues to have serious social problems. In the biotechnology field there are two divergent movements: an expanding market and the intensification of social inequalities. Therefore, in Brazil, the legal analysis of access to genetic information should be made taking into account the profile of a developing society. The challenges are immense ahead the deep pressures of supranational economic interests arising from the global market, which prevent the realization of human rights. In this context, it is necessary to consider the necessary overlapping of the several types of biobanks and DNA databases in their creation, management and expansion. Based on the Brazilian legal system, this article intends to analyze the possible risks/benefits to the human rights face the usage of DNA for purposes of criminal prosecution. The methodology consisted in bibliographic and documental research through an interdisciplinary perspective. As results, it is presented a systematized study about the legal consequences on the genetic profile banks usage in the Brazilian law, in a way to support discussions about this subject, as well as in decision making in the legislative field, on criminal politics and public safety – in local and global contexts.