Resumo

RODRIGUEZ ALMADA, Hugo et al. Decision made by the Legal Medicine and Forensic Sciences Department on expert body examinations with no consent. Rev. Méd. Urug. [online]. 2017, vol.33, n.2, pp.9-16. ISSN 0303-3295.

The new Uruguayan Code of Criminal Procedure (Act 19,293 and amendments) will soon come into force. This law provides for the possibility of performing body examinations of and taking biological samples from individuals who are accused of a crime without their prior consent.

The Department of Legal Medicine and Forensic Sciences of the School of Medicine, University of the Republic hereby warns this legal provision contravenes principles enshrined in the American Convention on Human Rights, the Constitution and the Code of Medical Ethics (Act 19,286). Likewise, it contradicts the criteria established I the Istanbul Protocol of the United Nations and the Guide of ethical principles of the Ibero-American Network of Forensic Medicine and Forensic Sciences Institutions, sponsored by the International Committee of the Red Cross.

Therefore, in safeguard of the human rights of those awaiting trial and the dignity of the medical profession at the service of justice, the faculty of the Department of Legal Medicine and Forensic Sciences of the University of the Republic exhorts other authorities to review the content of this norm. This stance is backed by the School of Medicine of the University of the Republic and the Uruguayan Medical College.

Palavras-chave : Forensic medicine; Physical examination; Presumed consent.

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