EVOLUTION IN BIOMEDICAL KNOWLEDGE AND TYPIFICATION OF HIV TRANSMISSION CRIME

Abstract

With the Acquired Human Immunodeficiency Syndrome (AIDS) pandemic, since the 1980s, questions have emerged that surpassed the medical field, reaching the Law, especially regarding the malicious transmission of the Human Immunodeficiency Virus (HIV), which causes the disease. disease. We sought to demonstrate how the evolution of biomedical knowledge influenced criminal law, leading to changes in the typification of criminal conduct of HIV transmission. To this end, exploratory and qualitative research was conducted, based on indirect documentation from national and international sources, as well as legislation, doctrine, and jurisprudence regarding the conduct of intentional transmission of HIV. Changes in criminal typifications were observed, following the evolution of scientific knowledge. However, the discussions were not completely pacified. In any case, biomedical knowledge about HIV / AIDS has enabled more consistent criminal actions based on conclusive technical evidence.