Teoria da cegueira deliberada: dolo, tipicidade e responsabilização penal no ordenamento jurídico brasileiro.

Abstract

We understand that, facing controversy and various debates about the theory of deliberate blindness, it is natural the scenario is of being reluctant to apply and adapt such an institute to the law in Brazil. This processes even place distinctions between deliberate blindness in a strict sense and deliberate ignorance, so that it is possible to identify divergences in applications related to dogmatic justification of the institute. Thus, the objective of this academic research was to investigate the applicability of the theory of deliberate blindness within Brazilian legal system. For this purpose, the methodological orientation was based on the deductive, and, in the third part, inductive approach and the bibliographic and documentary research procedures, whereas a technical path of organizing quantitative foundations for the proposed research maybe an important achievement. As results, one can point out an to some consideration of the developments, when applying the theory under study, assimilating the figure of eventual fraud and the risks of setting an objective criminal liability. Moreover, in the jurisprudential context, it is even more evident the legitimation of the use of the theory of blindness deliberated by the country jurisprudence. We can conclude that the vast debate about the doctrine has led to the maturation and formulation of requirements for an adequate impetus of the understanding of deliberate blindness in the situations of its possible framing by Brazilian law.