Evolução tecnologica dos exames de paternidade e sua validade juridica / Technological evolution of the exams of paternity and its juridical validity
AUTOR(ES)
Lana Maximiliano Duz
DATA DE PUBLICAÇÃO
2007
RESUMO
The science and the technology come if constantly surpassing and its progresses rebound in the deliberations of the Judiciary Power. Decisions on paternity set in techniques, now supplanted by the progress of the science, they have been questioned judicially, placing in evidence the activity of the judicial expert. In that context, the present research work had for objective to investigate that way has been interpreted the responsibility of the expert that emitted legal issue with results of exams of paternity accomplished in time previous to the use of the exams of DNA, for that same end. For the development of this research work 200 exams of investigation of paternity were analyzed, accomplished among the years from 1994 to 2001, by the technique of the antigens eritrocitátios and leucocitátios and 30 exams of investigation of paternity accomplished in the year of 2006, being used the technique of DNA, everybody accomplished in FOP-UNICAMP - Ability of Dentistry of Piracicaba, Department of social Dentistry, Area of Legal Dentistry and Deodontology. They were analyzed, also, the juridical aspects of the exams of paternity evaluating 20 judged happened in the period between 1991 and 2006, for the tribunals of the homeland, to verify as the responsibility of the expert has been seen by our judges. Every research was accomplished in the Ability of Dentistry of Piracicaba - UNICAMP. Reached its term, this work of scientific research allowed to end that the use of the exams for the antigens eritrocitários and even of the antigens leucocitários, it just took at a level of absolute credibility when they excluded the paternity accused; that the exams of DNA offer an index of certainty of 99,99% in cases of investigation of paternity, that the tribunals passed the to move the thing judged material in actions that deny of paternity with requests based on exams of DNA and that the expert, having been worth of the limits taxes for the available technique in each time, it could not be made responsible by the reform of the sentence in action that deny of paternity, with base in the exam of DNA .
ASSUNTO(S)
man genetica genetics dna odontologia legal forensic dentistry dna homem - identificação
