Plenary of the Federal Supreme Court (STF).| Photo: Carlos Moura/SCO/STF.

The Federal Supreme Court (STF) decided this Thursday (13) that the Rio de Janeiro law that obliges hospitals and maternity hospitals to collect genetic material from mothers and newborns is unconstitutional. The decision was unanimous. State Law 3990/2002 provides for measures to prevent the exchange of newborns in public and private hospitals and maternity hospitals in the state.

However, according to the current government of Rio, the law was never applied, reported Agência Brasil. The Court considered that the provisions dealing with the collection of genetic material without authorization are disproportionate and violate the constitutional principle of privacy protection.

The case ended up in the Supreme Court in 2016 through a lawsuit filed by the Attorney General’s Office (PGR). For the body, the law is unconstitutional for violating the intimacy and privacy of pregnant women, in addition to not considering the will of mothers to carry out DNA collection.

During the trial, the ministers followed the vote of the rapporteur, Minister Luiz Fux, who voted in the session this Wednesday (12). Fux considered that Brazilian legislation classifies genetic data as sensitive and requires that its custody be as careful as possible, according to the STF. In addition, Fux pointed out that the state norm does not establish security protocols for the collection, storage or destruction of data, even at the request of those involved.