Justiça geneticamente alterável

: análise da base de perfis de ADN

Abstract

The existence of an advanced technique such as DNA analysis, which viability is far superior compared to any other means of proof, appeals for the standardisation of these methods-based examinations in the Portuguese legal system. Prioritising the interest of process celerity, material truth, proportionality and need, this is the road to follow in order to resolve cases that appear to show significant doubt on the eyes of justice. The application of such methods are of extreme relevance on Civil Law, but of paramount importance on criminal procedural law. This is a tool that brings clear benefits to the system, and as such, its promotion should be faced as a priority. Its isn’t however flawless, bringing to light some other problems, especially regarding ethical or basic rights opposition. All of this data-base range of applications should be understood and restricted, if such assumptions of privacy invasion and rights violations are to be addressed. Basic concepts regarding such complex issue, both medically and legally, and also the advantages and disadvantages will be explored throughout this dissertation. The role of DNA analysis in a developed society can only be an option, specially when it makes such a difference legally in complicated cases whose other evidences are insufficient. On other hand, we can never put aside or forget the claims regarding the fundamental rights disrespect, the goal being to establish a sustainable balance between material fact and self-determination in relation to information of each individual

Date of Award	2014
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Germano Marques da Silva (Supervisor)