Análise da aplicabilidade da teoria da cegueira deliberada no direito penal brasileiro

Abstract

This paper aims to provoke a discussion about the possibility of applying the Willful Blindness Doctrine to the Brazilian legal system. This doctrine was very recently incorporated into the legal system, as a factual support, and its contours and application assumptions have not yet been well defined. Given the lack of normativization, much is discus sed about the legal nature of the blind agent's conduct deliberately and what is the applicable subjective imputation in cases of willful blindness. Although the doctrine has emerged in a system which is different from what we have in Brazil, “Common Law" there are great attempts to import the doctrine to Continental Law ("Civil Law"). In Brazil, doctrine importa tion equated to the eventual deceit was the trend, normativized figure. That is the reason why it is very important to analyze the Willful Blindness in view of the constitutionally envisaged principles, in our legal system, which guide the application of the Criminal Law, so that we can reach a conclusion on the possibility, or not, of the institute application to Brazilian Law.