Teoria da cegueira deliberada no crime de receptação: dolo eventual ou culpa?

Abstract

The present study aims to analyze the theory of deliberate blindness, and to debate its applicability as eventual deception or guilt. To this end, the origin of the theory, through comparative law, was brought up for discussion at first, in order to observe how its application compares with that of Brazil today. Subsequently, the analysis of the blindness theory is made from the perspective of important principles of the criminal process, which are the in dubio pro reo, the principle of real truth and the presumption of innocence. Then, the reason for choosing the crime of reception was established, in addition to explaining some of the peculiar situations that involve this crime. Finally, the arguments used to support the theory of deliberate blindness as eventual deception were debated, as well as those used to classify it as guilt, and in the end, there was an express positioning by the author