Banca de QUALIFICAÇÃO: LEANDRO ROCHA PEREIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LEANDRO ROCHA PEREIRA
DATE: 04/08/2022
TIME: 10:00
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: 90
BIG AREA: Ciências Sociais e Aplicadas
AREA: Direito
SUBÁREA: Direitos Especiais
SUMMARY:

The research began, through the observation of paternity investigation processes, when I worked at the 4th Family and Succession Court of the District of Porto Velho, I observed that, apparently, there were, in some paternity investigation processes, mitigation of basic guiding principles of law, one of them being the principle of human dignity, since people supported by the mantle of judicial gratuity who depended on the DNA expert exam, paid by the State of Rondônia, entered a waiting list, facing the State's refusal to comply with the regulations in force in the country.

In these cases, the State's omission causes serious violations, with regard to constitutional guarantees, such as: the reasonable duration of the process, as well as the due process of law, which on the Other hand does not exist without the possibility of the party to produce all necessary evidence.Thus, in view of the lack of conditions, on the part of the parties to bear the expert examination, it is the State’s duty to stand up to this guarantee, since such benefit is guaranteed by the national order.

This is a bibliographical and documental research, whose purpose was to investigate whether the refusal by the State of Rondônia, to bear the costs of the DNA exam, referring to the paternity investigation processes, in the family courts of the district of Porto Velho, violates fundamental principles, as well as whether there are ways to make it possible to access DNA testing more quickly, in paternity investigation actions, making it possible to reduce the waiting time for the resolution of the process of the parties supported by the judicial gratuity.

As a technique of data collection, interviews were carried out with the operators of the law, who worked in the 4th court of the family in the period of this research, as well as analysis of processes referring to the investigation of paternity. It was inferred that due to the delay in carrying out the DNA forensic examination, the right to full access to justice is mitigated to the admittedly poor, which violates the guiding principles of the law.

As a final product, it proposes a draft law that expressly guarantees budget allocation, along with the executive, so that the expert examination can be paid for, supported by the judicial gratuity, as well as whether it is feasible to sign a public or private agreement, to such purpose.

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