Abstract:
The present study proposes a critical approach to the Theory of Deliberate Blindness. In order to do so, it aims to address the feasibility of applying the aforementioned theory in the legal order of the country, which aims to punish the agent who is intentionally ignorant in order not to be punished for criminal offense. It is important to emphasize that ignorance, for this Theory, should not be the result of error or negligence, but of voluntary ignorance, which will be verified on the basis of the proof of the concrete fact. In this way, it is perceived that there is egalitarian punishment of the subject who has the full knowledge of the fact of the one that puts itself in situation of ignorance. The application of this theory has a great impact on crimes against the financial system, and in this premise an analysis will be made of Operation Lavajato, which disarmed a megaesquema of corruption in Petrobras, reaching the status of a greater investigation of corruption in Brazil and the consequences of this in the Brazilian financial system. To this end, the present study intends to analyze the use of the theory of deliberate blindness in some judgments already occurring in Brazilian reality, based on the changes in the Law on money laundering caused by Law 12.683 / 12, and the the extinction of the role of antecedents. And to do so, in order to base the arguments presented, were placed positions of doctrinators on the subject.
