A aplicabilidade da teoria da cegueira deliberada no ordenamento jurídico brasileiro e sua relação com o crime organizado

Abstract

This monograph deals with the problem concerning the application of the theory of deliberate blindness in the Brazilian legal system, establishing a parallel between theory and organized crime. The power structure created by these organizations is presented, forcing the right to adapt to the new challenges created by these groups of professional criminals. Demonstrating that it is pertinent to analyze the matter because of the repeated use of the rule of blindness deliberated by judges important in the Brazilian political-criminal scenario. Introducing the phenomenon of the "globalization of crime" in which it imposed the right to adopt legal techniques extraneous to the jurisprudence of the country, but which in other countries were extremely useful to deal with criminal problems created by situations that extrapolate the normality of the study of the subjective element of the type. Finally, concluding on the possibility of application of the rule in a mitigated way provided that some requirements imposed by constitutional guarantees or the unrestricted application of the theory of deliberate blindness are followed, provided that they occur to the necessary legislative changes to the institute of possible willful ignorance involving situations of ignorance provoked and refraining from investigating the likelihood of committing an unlawful act.