DA CONCERNING THE ILLEGALITY OF SUBJECTING THE OFFICIAL EXPERT TO HIERARCHICAL SUBORDINATION UNDER THE REQUESTING AUTHORITY FOR EXPERT EXAMINATIONS
Abstract
National Law Nº. 12,030/2009 establishes in its Article 2 the guarantee of technical, scientific, and functional autonomy in the performance of official criminal forensic activities. However, the precise scope of these autonomies has not been clearly defined in the Brazilian legal system, and its study remains a relevant issue. This is due, on the one hand, to the expansion of the list of legitimate entities for forensic autonomies due to the jurisprudence of the Supreme Court (STF) and, on the other hand, to the existence of official forensic agencies linked to police, as is the case in the State of Rio de Janeiro, including experts stationed in homicide departments and subordinate to the police officer leading the investigations. After a systematic analysis of Brazilian criminal procedural legislation, it was found that the subordination of the official expert to the same authority requesting the forensic examination, in addition to violating Article 178 of the Brazilian Criminal Procedure Code (CPP) and the National Organic Law of Civil Police (Law 14,735/2023), seriously compromises the technical, scientific, and functional autonomy in the performance of official criminal forensic activities. This situation weakens forensic autonomies, which lack any objective protection against possible abuses of hierarchical powers in issuing orders, monitoring, and disciplinary actions. Moreover, this subordination hinders the issuance of appropriate technical recommendations and the resolution of conflicts of jurisdiction, essential for the internal organization of the technical body and the quality control of issued reports.
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