A teoria da cegueira deliberada e sua aplicação prática no direito penal.

Abstract

The Willful Blindness, which has English origin and North-American, is intended to solve cases where the agent claims the mere ignorance on the unlawfulness of goods or values, but receives a benefit on them, keeping inert. The theory has been used in various legal systems, not only in the United States and England, but also in countries like Spain and Brazil that adopt the system civil law. Few Brazilian scholars who portray the theory in question. Under Brazilian law the deliberate blindness has not uncontrolled applicability, the courts that adopt have certain fear, because it has a certain proximity to the objective criminal liability. However, the doctrine and jurisprudence already apply the theory based on factual circumstances and evidentiary of each case. Because of that, it is necessary to make a detailed analysis on the compatibility of the theory of deliberate blindness with the Brazilian criminal law. To achieve this goal, this study makes use of a deductive approach method, comparing and contrasting documented evidence. Analysis of legal provisions, specialized doctrines, as well as articles and monographs on the subject will be presented. Well, for the systemic understanding of this work the pipes will be analyzed that the Brazilian penal code includes, therefore understand a scenario it is important to understand the difficulties that the implementation of willful blindness is in our country. Finally, the study of practical cases and the dominant understanding in the law will be presented in order to demonstrate how the theory is treated by patriotic courts.