Aplicação da teoria da cegueira deliberada no Direito Penal Brasileiro

Abstract

The theory of deliberate blindness, of English origin, aims at a tangential analysis of the agent's deceitful concept, in cases that, deliberately ignoring typical facts of conduct. The theory over the decades surpassed the margins of Anglo-Saxon law and took root in different legal systems, such as Spanish and American. There is, however, no consensus on theses, doctrines and judgments. This research aims to study the application of the theory of deliberate blindness in the Brazilian legal system. The Brazilian legal norms in force are consummated by alternations and divergences that present categorical constancy. Even if the Brazilian legal system follows a line of civil law, the implementation of jurisprudence and the addition of menus are seen more contumacy. Some of this comes from ideas originating in concepts, theories and principles. Therefore, there is a lack of depth of study about the compatibility of the theory with the Brazilian legal system. Jurisprudence, however, already works with the idea of theory and the insertion of normative deceit in the typification of the conduct of agents, with judgments based on this bias. Thus, in general terms, the methodology used was a bibliographic review based on the analysis of specialized doctrines, renowned and in addition to sources such as legislation, jurisprudence and scientific articles related to the subject under discussion.