FORENSIC GENETIC GENEALOGY IN THE REOPENING AND RESOLUTION OF FILED CASES FOR THE PRODUCTION OF NEW EVIDENCE

Abstract

This article analyzes the application of Forensic Genetic Genealogy in the reopening and resolution of cold cases, highlighting its legal, ethical, and social impacts. The study aims to examine the effectiveness of this investigative technique and to verify whether current Brazilian legislation is sufficient to regulate the use of recreational genetic databases in criminal investigations. The methodology consists of qualitative, exploratory, and descriptive research with a legal-dogmatic approach, based on bibliographic and documentary analysis. Legal frameworks such as the 1988 Federal Constitution, the Criminal Procedure Code, Law No. 12.654/2012, and the General Data Protection Law (Law No. 13.709/2018) were examined, as well as national and international case studies. The results indicate that, although the technique is effective in identifying suspects, there are significant regulatory gaps regarding genetic data protection and family consent. It is concluded that specific regulation is necessary to ensure legal certainty, fundamental rights protection, and the legitimacy of evidence in criminal proceedings.