Aspectos jurídicos relacionados à identificação criminal após a constituição de 1988

Abstract

This study is an analysis of the different aspects related to an effective and important implement in police investigation, known as criminal identification. First, it brings the ideas of papilloscopy, the science relevant to the use of the dactyloscopic method in identifying people involved in crime. It is based on science, determines the basic types and the organization of a databank for fingerprints. An examination is made on the whole legislation and the fact of the identification of the alleged criminal is inserted within the legal procedures. In this way, the jurists can form opinions and criticize the lawsuit dealing with the identification of the alleged criminal, generically or within the legislation that considers other specific laws. The intelligence of the tribunal courts is also taken into account, bearing in mind, how the case was dealt with legally before the Federal Constitution in 1988 and after the constitutionalization proposed by the legislator, as well as the subject of the illegal constraint of law and how it fits in with the penal law. All this is analysed with the assistance of law experts, the difficult situations arising from the transformation of criminal identification due to the perpetrate clauses. Finally, emphasis is made on the importance of criminal identification for the nation in general, acting on the respectful defence of mankind and the real procedures.