A aplicabilidade da Teoria da Cegueira Deliberada no ordenamento jurídico brasileiro

Abstract

The goal of this assignment is the doctrinal and jurisprudential study about the Willful Blindness and its applicability in brazilian law. Acts in willful blindness who creates strategies for not knowing elements of the criminal law and those who doesn’t diligence in investigating a suspicion about a criminal situation in which he may be inserted. Brazilian law has developed based on the German dogmatism of finalism, while Anglo-Saxon law has no direct relation with the theory of crime, but shares characteristics with a causal system. The theory in question was imported from foreign law and has been misapplied by brazilian judges with the common law concepts, in presuming knowledge about elements of the criminal type. Jurisprudence, in an attempt to rid itself of the burden of proofing the subjective element of crime, equates theory with the institute of brazilian dolo eventual. Despite the misconception in the literal transposition of theory to Brazil, the figure is adaptable to the legal order of the country, with the suggestion, however, of a legislative creation that frames the theory as a new modality of subjective imputation.