O CRIME DE LAVAGEM DE CAPITAL NO BRASIL: UMA ANÁLISE DO CASO CLÁUDIA CORDEIRO CRUZ E A APLICAÇÃO DA TEORIA DA CEGUEIRA DELIBERADA

Abstract

This article aims to analyze the application of the Deliberate Blindness Theory in money laundering crimes in the midst of the criminal process instituted in Brazil -Operation Lava Jato. In this way, some judicial decisions that stood out in criminal action will be analyzed. It is in this context that this article focuses, notably on the objective and subjective elements of the penal type in fire, comparing the grounds with recent decisions, to verify whether the beneficiary of the product illegally incurred in the crime of capital laundering, such as relatives and companions of the offender. Some institutes and theories related to the penal type and the highlighted theory will be reviewed bibliographically, including direct intent, eventual intent and deliberate blindness and their application in the Brazilian legal system. The application of the Deliberate Blindness Theory has been gaining strength in its application to reach people linked to money laundering who claim to be unaware of the illicit origin of the hidden values.

Keywords

• money laundering
• theory of deliberate blindness
• subjective element of type
• operation car wash