A teoria da cegueira deliberada: repercussões e perspectivas de sua aplicação no processo penal brasileiro à luz dos direitos e garantias individuais do acusado

Abstract

This article aims to analyze a theory that developed in the American law called "willfull blindness", which would be its premise and proposals. Subsequently, it seeks to analyze the application of such a theory in the Brazilian penal system, to verify how the courts are applying it. It is noted that, as a rule, theories of alien ordination are absorbed and applied in a heterogeneous manner by the Brazilian courts. Thus, a search is made in some decisions that applied the theory, to ascertain what the arguments used, to subsequently filter out such arguments with the fundamental principles concerning the criminal and Criminal procedural law parental rights.