A teoria da cegueira deliberada e o dolo eventual no direito penal brasileiro

Abstract

The aim of the research is to establish the role of the willful blindness doctrine within the brazilian system of subjetctive criminal imputation. The importance of this study is due to the frequency with which criminals use the expedient to self-placed in ignorance position in order to evading criminal responsibility, while at the same time benefiting from the violation of the law. For this, the problem lies in the scope of post-industrial societies, in which increased risk gains fundamental importance in the way in which criminal intervention becomes necessary. Then, the general subjective element - dolo - is analyzed, approaching its concept, internal elements, varied classifications and theories that distinguishes it from the recklessness. Following, the analysis of the willful blindness doctrine is explored, discussing its origin and conformation in the common law until its use by civil law courts, such as Spain and Brazil. The paper concludes reflecting on the compatibility of willful blindness doctrine with knowledge in brazilian criminal law, presenting the critics of the experts to, in the end, based on the functionalist contribution of normative knowledge, formulate conditions for the legitimate application of the willful blindness doctrine.