Fornecimento compulsório de material genético sob direito de não produzir provas contra si mesmo: (in) constitucionalidade do § 8º do art. 9º-a c/c art. 50, viii, da lei de execução penal

Abstract

It sought to answer the question: the punishment provided for in § 8 of art. 9°-A c/c art. 50, VIII of the Criminal Execution Law is in accordance with the fundamental right to not produce evidence against himself, which is anchored in art. 5°, LXIII, of the Constitution of the Republic? To do this, it first presented the normative content of the fundamental right to not produce evidence against himself. Subsequently, it studied the regulation of punishment provided for in § 8 of art. 9°-A of the Criminal Execution Law (Law 7,210/84). Finally, it contrasted regulation with the fundamental right to not produce evidence against himself. It used Maria Elizabeth Queijo's considerations as a theoretical framework. The research used the deductive method, theoretical type, primary sources (Constitution of the Republic, Penal Code, Code of Criminal Procedure and Criminal Execution Law) and secondary sources (scientific legal research and books). It was concluded that the modification, with the addition of § 8º of art. 9th-A c/c art. 50, VIII, of the Criminal Execution Law, is against the fundamental right to not produce evidence against himself and, because of this, is null.