A (in)compatibilidade da cegueira deliberada com o ordenamento jurídico-penal brasileiro e os reflexos no crime de lavagem de capitais

Abstract

This monograph aims at a critical analysis of the importation of Willful Blindness into the national order, in an attempt to verify the consequences of its application to the reality of our legal system - civil law tradition - as well as the compatibility of such theory with the Brazilian legislation. This study is based on the assumption that the indispensability of importing and applying the theory consists in the need to fill in existing gaps in the Brazilian legal system, since the impossibility of using the theory to support conviction would certainly lead to the impunity of several people acting in bad faith, seeking to benefit from the ignorance of the facts argument and the circumstances capable of subsidizing the willful imputation of a crime. In order to verify the relevance of this argument, as well as the compatibility of such doctrine with the brazilian legal system, it is necessary to initially carry out an analysis of this modality of subjective imputation by studying its origin, its field of greater development, the definitions of the theory found around the world, as well as the requirements for its application. Furthermore, in order to conclude that there is no equivalence between Willful Blindness and the dolus eventuais, some controversial aspects of the unreasonable importation of Willful Blindness will be discussed, in order to point out the issues of the application of the theory in Brazil. This monograph aims to establish the relationship between the theory under consideration and the crime of money laundering, which will be done through the analysis of relevant cases to which it was applied and had massive national repercussion.