Banca de DEFESA: LEANDRO ROCHA PEREIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LEANDRO ROCHA PEREIRA
DATE: 18/11/2022
TIME: 09:00
LOCAL: Sala virtual Google Meet
TITLE:

Forensic examination of DNA: human dignity and access to justice in the family courts in the district of Porto Velho, Rondônia.

KEY WORDS:

Human Rights; Constitutional Guarantees; Expert Examination; Beneficiaries of Free Justice.

 

 

PAGES: 94
BIG AREA: Ciências Sociais e Aplicadas
AREA: Direito
SUBÁREA: Direitos Especiais
SUMMARY:

The Every human being is guaranteed the right to know his biological origin, which may be voluntarily or judicially, generating a series of reciprocal obligations between parents and children. In this context, the DNA test is of great importance, because among the evidence admitted in law, this is the most advanced and most likely for the judge to make the most correct decision possible. However, given the importance of such evidence, an exploratory research was preliminarily started, with the purpose of verifying if the condition of hyposufficient caused delay in the paternity investigation actions that depended on the DNA expert examination, thus violating guiding principles of law. In addition, the research aimed to investigate whether the refusal on the part of the State of Rondônia, to bear the costs of the DNA test, concerning paternity investigation processes, in the family courts of the district of Porto Velho, violated fundamental principles, as well as whether there are ways to make access to the DNA test more quickly feasible, in paternity investigation actions, making it possible to reduce the time of waiting for the resolution of the process of the parties supported by the judicial gratuity. As a data collection technique, three interviews were carried out, through theGoogle meet, with legal practitioners, who worked in the 4th court of the family in the period of the aforementioned research (2017 to 2019), as well as analysis of processes related to paternity investigation in the period from 2017 to 2019. It was concluded that due to the delay in carrying out the forensic DNA test, the right to full access to justice is mitigated for the admittedly poor, which violates the guiding principles of the law. As a final product, a draft bill is proposed that expressly guarantees budgetary allocation, together with the executive, to pay for the expert examination to those supported by judicial gratuity.

COMMITTEE MEMBERS:
Interna - 1671367 - PATRICIA MARA CABRAL DE VASCONCELLOS
Interna - 1546985 - APARECIDA LUZIA ALZIRA ZUIN
Externa ao Programa - 2116148 - BARBY DE BITTENCOURT MARTINS - UNIR