A cegueira deliberada da common law à civil law e a apropriação da teoria pelo judiciário brasileiro: discutindo a aplicabilidade aos crimes de lavagem de dinheiro

Abstract

The theory of willful blindness has long been used in the Common law. In short words, the theory accounts for the possibility of attributing criminal conduct equivalent to willful to an individual who deliberately chooses not knowing that his conduct involves unlawfulness. Foreign legal scholars have treated as deliberate blindness cases in which the agent is aware of the probable existence of an element or circumstance about an offense but does not confirm his suspicion and actively chooses to remain ignorant. The main justification for this study can be attributed to the concern about the incorporation of alien theories to domestic law without a compatibility test, they are used mistakenly under the veil of novelty and the "approval" given by foreign courts . Moreover, the present is concerned with analyzing the foreign law, with special focus on North American perspective on the topic, which serves as a comparison throughout the paper, since the theme is recurring in different judicial circuits, which already faced legal issues that are now placed in our national law. This work can be considered an effort to break the cycle of reception by the court and not by the Academy of foreign theories applicable to criminal law.