If You Refuse DNA Test, You're the Father in Brazil

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If You Refuse DNA Test, You're the Father in Brazil

Postby El Pelon » Thu Oct 21, 2004 11:05 pm

If You Refuse DNA Test, You're the Father in Brazil
Written by Émerson Luiz

Thursday, 21 October 2004

The Brazilian justice is now taking no for an answer. All men refusing to submit to a DNA test in cases of paternity will automatically be considered guilty, i.e., the father of the child brought up in the judicial case.

The decision was taken by Brazil STJ (Superior Tribunal de Justiça—Justice Superior Court), the second highest court in the land, just below the STF (Supremo Tribunal Federal—Federal Supreme Court.

The STJ based its verdict on seven other trials dealing with DNA cases in the Federal District and the states of Amazonas, Minas Gerais, Paraná and Rio Grande do Sul.

The new measure should end the all too common occurrence of cases of paternity dismissed because the father refused to take the DNA test.

The Brazilian legislation does not require anyone to take the DNA test independently of the circumstances.

Now, the child becomes automatically entitled to a pension from the man, who will have to prove that he is not the one.

The Brazilian courts are filled with cases of women who tried in vain to get the father of her child do be declared the legitimate dad.

Cássia Reis Silva, for example, who works as a maid, is raising by herself her five-month old son. She went to court, but was not able to get the father to recognize the child as his own.

"The boy looks a lot like his father. But the dad says that he is not his son, " sighs Cássia.

There was also a case in Belém, capital of Pará state, in which a Military Police officer received nine summons to take the DNA test and ignored each one of them.
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Postby Cain » Thu Oct 21, 2004 11:54 pm

It works the same way in many states here in the USA. If the mother of the child "names" you as the father and when contacted you refuse to submit to a DNA test, you can be defaulted as the father. There are lots of sluts out there that name 5+ guys as the possible father of their child. What a mess.
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Postby Renard » Fri Oct 22, 2004 12:24 am

It's the case in most places. If you refuse to submit to a DNA test, which ultimately is to the accused's benefit in the case of his innocence, there is either a presumption of fatherhood or at the very least, it's a point against you during a legal proceeding.

This is nothing new, or surprising.
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Postby Dim » Fri Oct 22, 2004 12:58 am

There are lots of sluts out there that name 5+ guys as the possible father of their child. What a mess.

Right on! I feel sorry for the poor guys who have to go to the inconveniece of getting a DNA test while some woman puts her feet up in a maternity ward for a few days of childbirth, or gets to sit around the house relaxing with her newborn baby.
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Postby Cain » Fri Oct 22, 2004 4:04 am

Dim, it is not uncommon for the woman to name a guy she hasn't even slept with, because if she doesn't name someone her welfare benefits get cut off. If she names several it's like throwing up a smoke screen.

The other problem with this philosophically is that one should not be coerced to prove one's innocence. What would your wife or girlfriend do if you got a summons to appear for genetic testing? Could be a bit dicey, eh?
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them evil women...

Postby el3so » Fri Oct 22, 2004 7:33 am

Cain wrote: The other problem with this philosophically is that one should not be coerced to prove one's innocence. What would your wife or girlfriend do if you got a summons to appear for genetic testing? Could be a bit dicey, eh?
She'd either apologise for the false conclusions she made out of the court summons OR (if DNA testing was positive) she'd kick my two-timing ass out of the house and sue my pants off.

Have you got some kind of problem with taking responsibilities for your actions, Cain?
skynet prompt: witty line, a bit offensive, medium levels of spelling error, Rastafy by 10 % or so
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Postby Buzzsaw » Fri Oct 22, 2004 12:57 pm

A couple of points:

Courts regularly order DNA samples to be collected from suspects, accused people, and defendants in criminal/civil cases. It's not unusual at all. It happened to President Clinton, for goodness sake.

Second, why would anyone who knew they weren't the father avoid the DNA test? They should be knocking down the door to get tested and exonnerated. The whole point of the DNA test is that it leaves nothing to doubt (especially in the case of parenthood).

The tests are 100% accurate in excluding paternity and 99.99% accurate if you are the parent.
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Postby Kasca » Fri Oct 22, 2004 2:10 pm

There are lots of sluts out there that name 5+ guys as the possible father of their child. What a mess.

>>Yep. There's a guy I know who was found to be the parent when he was the EIGHTH person tested.
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Postby Romeo247 » Fri Oct 22, 2004 4:55 pm

wow what a depressing article.. indeed all the opinions following are on par.....

women produce a great deal of a hormone called oxytocin, we men have it too but in far less quanities... this hormon is the bulk reason so many women act irrational and clingy after a good deep... well u know ;-)

i never had a problem keeping ladies around.. infact i have a difficult time shaking them.. i love my independance far to much..

a girl i had a huge thing for in highschool i finally got in touch with 10 yrs later.. and she tried to trap him in a relationship.. by not taking the pill... now she has a 6 yr old who looks EXACTLY like the kid in jerry mcquire.. all i can say is, brothers.... if your gonna put "fire in the hole" ;-) make sure your wearing a raincoat, and if your not.. be married to her and working on a kid....

i will never shoot in places im weary of, or not married too.. who wants kids with the current geo-political climate.. no thx =)
Whats the #1 cause of divorce?? MARRIAGE
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