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Title

P075 – Forensic DNA Phenotyping: Ethical and Legal Perspectives

11:13

Wednesday August 19^th

Station 15

Duration: 12 minutes

04. Forensic biology

Diana Vilas Boas

The use of genetic phenotyping and biogeographical ancestry inference in forensic science raises complex ethical and social issues. Although these technologies provide valuable tools for criminal investigations, they must be applied in accordance with bioethical principles. The misuse of this information may disproportionately affect minority communities or lead to stigmatization. There are also concerns regarding privacy violations and data protection conflicts. However, the potential benefits—such as the identification of missing persons and the prevention of wrongful convictions—highlight how the responsible application of these tools can support human rights and serve justice.

In Brazil, legislation prohibits the storage of genetic information related to physical or behavioral characteristics in genetic profile databases when it concerns individuals identified in criminal investigations. However, these legal barriers apply only to individuals who are already known, and there is no explicit legal prohibition against the use of phenotypic data derived from unidentified DNA samples, such as those collected at crime scenes. A study on comparative international legislation has shown that, in Latin America, the dominant trend is the absence of legal provisions regulating the use of forensic phenotyping and biogeographical ancestry inference tools, regardless of the source of the sample (identified or unidentified). By contrast, North America, Europe, and Asia already have legislation that explicitly permits the use of these tools with unidentified samples, such as those collected at crime scenes.

In Brazil, there is still no consensus regarding the legal and ethical use of phenotypic analysis in forensic investigations. While some consider it a promising tool to enhance public safety and justice, others emphasize the need for stronger safeguards to prevent abuse. The challenge lies in finding a balance between the advantages of scientific innovation and the imperative to maintain ethical standards and individual freedoms.

Authors

Diana Vilas Boas (Federal Police, Brazil)
Silviene Oliveira (University of Brasília, Brazil)

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P075 – Forensic DNA Phenotyping: Ethical and Legal Perspectives

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