Teoria da cegueira deliberada: reflexões sobre sua aplicação ao direito penal brasileiro

Abstract

The present article intends to present a critical approach concerning the "willful blindness" doctrine. In pursuance of said intent, an analysis will be conducted, in regard to legal-criminal aspects of said doctrine, primarily concerning its operation on money laundering cases, given its increasing implementation countrywide, especially in high-profile cases, in terms of visibility and social/political repercussion, such as the AP 470, the "Mensalão's" case and the operation known as "Lava-Jato" or "Car Wash". As far as methodology is concerned, bibliographical review will be favored, contemplating Brazilian and foreign material, so as to provide for an analysis on the technical accuracy of its employment, as well as establishing generally accepted parameters, comprising Brazilian legal writers and courts, in relation to importing said doctrine. Furthermore, this study seeks to demonstrate the undeniable proximity between the concepts of oblique intent and subjective recklessness, highlighting the fact that there is no legal provision whatsoever criminalizing involuntary money laundering in Brazilian Law. Finally, there will be an investigation on the reflexes of adopting that doctrine in the present scenario, always through a legal-dogmatic view, naturally, taking into account the particularities of the surrounding social, economical and political scenario.