Teoria da cegueira deliberada e sua aplicação nos crimes de lavagem de capitais

Abstract

First, the present study presents the origin of and concepts related to the crime of money laundering, demonstrating its devastating effects in the current Brazilian society, since much of this money is diverted from public coffers, which has crippling effects on the state’s capacity to fulfil its obligations to guarantee health, education and safety. Next, the study makes a brief analysis of the legal provisions of the legislation against money laundering. It also analyzes the possibility of applying eventual intent in these cases using the Deliberate Blindness Theory as a basis. The study further demonstrates the concept and the theories about intent, with the aim of examining the application of the legal statute in concrete cases. After the theoretical classification of the intent, we sought to conceptualize the Deliberate Blindness Theory, analyzing some cases where this was applied and its consequences in the Brazilian legal system in relation to constitutional principles and guarantees that govern criminal prosecution in Brazil. The work is based on scientific articles, jurisprudential research, laws and books to confirm the relevance of the topic.