Teoria da cegueira deliberada: riscos da expansão da teoria da cegueira deliberada

Abstract

From the United States (doctrine of intentional blindness - translated to "doctrine of intentional blindness"), deliberate blindness theory is an interpretative form of analysis of the concrete case, which enables the judge to apply in cases where the agent pretends to be unaware on an illegality of the object, rights or values protagonists of a criminal action in order to obtain an advantage. Thus, it can be affirmed that the main objective of the theory is to punish the agent who is indifferent to the knowledge of the criminal device, removing a guilty possibility, since his organization is covered with malicious conduct. In this way it is necessary to study the origin of this thing, as well as the practical means of applicability, as well as how that means that we are capable of doing so. of Brazil.