A aplicação da teoria da cegueira deliberada nas decisões da operação lava-jato

Abstract

The willfull blindness doctrine, which deals with the criminal responsibility of the subject who purposely keeps himself unaware of suspicious circumstances that would render him criminal liable, has substantiated several condemnations of Car-wash Operation, in which they consider it equivalent to the eventual intention of the Brazilian legal system. This rekindled the discussion as to the admissibility of eventual intention in the moneylaundering offense and whether, if it were admitted, it would actually be compatible with the willfull blindness doctrine. It was also questioned whether this institute could be reconciled with the principle of presumption of innocence and with the burden of proof of criminal proceedings. Thus, the objective of this work was, based on the concept of the willfull ignorance doctrine, money laundering and its legislation, to make an analysis on whether or not our legal system should host this institute and on how it was used in the chosen sentencing decisions of Car-wash Operation. For this, we have brought the most relevant criticisms made to the theory and countered it with the theses that defend it, contextualizing with the concrete cases of Adir Assad, Mônica Moura and João Santana, three convicted in the first instance in Car-wash Operation. The study was developed through a wide bibliography, including in the material support books, scientific articles, magazines, news, legislation, court decisions and Federal Public Ministry data. We concluded, at the end of the analysis, that not only eventual intention is admitted to the money laundering offense as it is compatible with the willfull blindness doctrine, although it still require robust evidence and motivation and explicit grounds. Therefore, the decisions of Car-wash Operation have been consistent with our legal system.