The theory of willful blindness and its applicability to financial crimes

Abstract

This article explores the theory of willful blindness and its application in Brazilian criminal law, focusing on financial crimes. Originating in Anglo-Saxon jurisprudence, the theory equates intentional ignorance with actual knowledge, enabling criminal liability in sophisticated criminal contexts. In Brazil, despite challenges related to the prohibition of strict liability in criminal law, the theory has been particularly employed in cases of money laundering. The methodology includes a review of relevant literature and case law, analyzing doctrines and pivotal decisions. The objective is to provide a technical and critical analysis of the theory, assessing its alignment with principles of legality, culpability, and legal certainty in Brazil. This study contributes to the discourse by highlighting the distinctions between willful blindness and recklessness, enhancing legal understanding and practical application of the theory within the Brazilian context.