OVERALL REPERCUSSION OF THE CLAIM OF UNCONSTITUTIONALITY OF PENAL EXECUTION LAW, ART. 9-A

It was sought to shed light on the grounds that support the claim of unconstitutionality of the Criminal Enforcement Law, art. 9-A, which made it compulsory to identify the genetic profile of those convicted of heinous crimes and the introduction of these data in the National Gene Profiling Bank (BNPG). This claim led to the filing of an extraordinary appeal against the judgment of the Court of Justice of the State of Minas Gerais and recognition of the overall repercussion by the STF. To do so, an analysis of the BNPG and the constitutional, bioethical and criminological contradictions of said repository was made. A doctrinal revision was also made on the instrument of the General Repercussion used by the Supreme Court. Thus, it seems that the way in which the donation of genetic material from a certain group of convicts has become mandatory without a perfect determination of the time by which such data will be kept in the BNPG would face basic constitutional principles, such as self-incrimination and remaining in silence. Despite laws such as this being found in other countries and meeting social demands in time of control, there are reckless flexibilizations of rights as proposed by Law 12,654 / 2012. It is concluded that admitting the flexibilization of constitutional principles will kill CRFB / 88, since the meaning of such constitutional principles is absolutely clear and necessary within a Democratic Social State of Law.