Law No. 12654, Of 28 May 2012

Original Language Title: Lei nº 12.654, de 28 de Maio de 2012

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LEI N °12,654, DE May 28, 2012

Altera the Laws #s 12,037, of 1ºOctober 2009, and 7,210, of July 11, 1984-Penal Enforcement Act, to predict genetic profile collection as a form of criminal identification, and gives other arrangements.

P R E S I D E N T A D A R E P B L I C A

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º The art. 5º of Law No. 12,037, from 1º October 2009, passes the vigorous one of the following single paragraph:

" Art. 5º ....................................................................................

Single Paragraph. In the hypothesis of the inciso IV of the art. 3º, criminal identification may include the collection of biological material for the achievement of the genetic profile. " (NR)

Art. 2º Law No. 12,037, from 1º October 2009, passes the following articles in addition to the following articles:

" Art. 5º-A. Data related to the collection of the genetic profile should be stored in database of genetic profiles, managed by official unit of criminal forensics.

§ 1º The genetic information contained in the databases of genetic profiles will not be able to reveal somatic or behavioural traits of people, except gender genetic determination, depending on constitutional and international norms on human rights, human genome and data genetics.

§ 2º The constant data of the databases of genetic profiles will have sensitive character, responding civil, criminal, and administratively one that allows or promotes their use for purposes other than those provided for in this Act or in a judicial decision.

§ 3º The information obtained from the coincidence of genetic profiles should be consignment in pericial laude firmed by duly-enabled official expert. "

" Art. 7º-A. The deletion of the genetic profiles of the databases will occur at the end of the deadline laid down in law for the prescription of the offence. "

" Art. 7º-B. The identification of the genetic profile will be stored in classified database, as per regulation to be exited by the Executive Power. "

Art. 3º Law No. 7,210 of July 11, 1984-Penal Enforcement Act, passes the increased vigour of the following art. 9º-A:

" Art. 9º-A. Those convicted of crime practiced, wildly, with violence of a serious nature against person, or for any of the crimes provided for in art. 1º of Law No. 8,072 of July 25, 1990, shall be subject to the identification of the genetic profile, upon extraction of DNA-acid disoxirribonucleic, by appropriate and painless technique.

§ 1º The identification of the genetic profile will be stored in sensitive database, as per regulation to be exited by the Executive Power.

§ 2º The police officer, federal or state, you may apply to the competent judge, in the case of an enquiry institution, access to the genetic profile identification database. "

Art. 4º This Act shall come into force after decoration 180 (one hundred and eighty) days of the date of its publication.

Brasilia, May 28, 2012 ; 191º of the Independence and 124º of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Luiz Inacio Lucena Adams