Sérgio Moro: First of all, it is important to state that the referred text is adequate with respect to the formal aspects of constitutionality, legality and regimental conformity, there being no obstacle in this regard to its approval.
Sérgio Moro: On the merits, in our view, the Chamber of Deputies' substitute improved the text of the proposal in two points, both in the caput of art. 310-A, in the form of the bill: (a) the reference to crimes against sexual dignity, which is broader than the reference to crimes against sexual freedom and sexual crimes against vulnerable persons, and (b) the mention of heinous crimes.
Indeed, these modifications expand the circumstances for the collection of biological material from a person arrested in flagrante delicto, thus constituting measures that contribute to criminal investigation and to the security of society.
Sérgio Moro: Another reference to heinous crimes is made in item IV of paragraph 3, which is inserted in art. 302 of the CPP.
Sérgio Moro: But, in this case, the measure appears restrictive, as one could interpret that the reiteration of criminal conduct refers only to heinous crimes.