Lavagem de dinheiro: uma análise acerca da (in)constitucionalidade da teoria da cegueira deliberada e seus impactos frente ao direito e ao processo criminal brasileiro

Abstract

The globalized economy has raised the money laundering phenomenon to a transnational. Indeed, foreign legal institutions and organizations international organizations have become references for the development of institutes, doctrines and guidelines that constitute and integrate not only the criminal type, but also the state prosecution around this criminal offense. In this context, the national jurisdiction started to import, from the famous case of the ''Assalto ao Banco Central do Brasil'', an English doctrine, overused by the American Supreme Court, called The Theory of Willful Blindness, as a justification for condemning criminals in the subjective modality of eventual intent. However, that theory is object of great discussion and doctrinal debate, due to the fact that it belongs to a system opposite to the Brazilian legal system, “widen” the interpretation of intent in the application of the Law 9.613/98 and there is no peaceful and regular jurisprudence on the subject. The gift This work seeks to analyze the adequacy and constitutionality of Willful Blindness in the light of the Brazilian legal system, from the emblematic and rare cases in which had been used, even the most recent ones. In this way, differences and doctrinal clashes about the importation of that theory will also be in-depth with the support of Comparative Law, especially North American and Spanish law