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.