A imputação de responsabilidade penal por dolo eventual nos crimes de lavagem de dinheiro segundo a teoria da cegueira deliberada

Abstract

The central theme of this work is the legitimacy of the criminal responsability imputation by eventual intent to the money laundering agents, according to the willful blindness doctrine. Initially, it talks about the influences of the international guidelines on the money’s laundering criminalization process in Brazil, followed by the laundering acts typification by the Act 9.613/98 and the subsequent modifications introduced by the Act. 12.683/12. Subsequently, there are discussed the conduct elements required by the recent law’s criminal type, with relevance to the discussion about the admissibility of eventual fraud on the laundering type’s volitive element, in addition to demonstrating the differences between the eventual intent and the other culpability instruments accepted by the criminal law. Next, it is discussed the willful blindness doctrine’s aprpropriateness on the legal scenario, and its comparation with the eventual fraud figure. Finally, there are briefly analyzed some concrete cases in which the brazilian jurisprudence applied the willful blindness doctrine in the judgment of the money laundering crimes, established by the Act 9.613/98.