From the maxprocesses to the trivial cases
the expansion of the willful blindness doctrine in the judicial practice
Keywords:
willful blindness doctrine, dolus eventualis, knowledge, tax crime, Santa Catarina’s Justice CourtAbstract
This article discusses the willful blindness doctrine, particularly its application in a decision given by the Santa Catarina's Justice Court. To reach this goal, this study debates the equalization between the willful blindness and dolus eventualis, especially under the articles 18, I, and 20 of the Brazilian Penal Code, in order to point out that knowledge is the central element of dolus. Further up, this paper analyzes the judicial opinion in which, facing an appeal regarding tax crimes, the Santa Catarina's Justice Court used the willful blindness doctrine. The specific details of the case, especially those regarding the criminal autorship, are discussed. The paper concludes that, if the use of the willful blindness doctrine began in famous cases, it now seems to expand to other trivial cases.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Copyright of published articles belongs to the author, but with journal rights over the first publication and respecting the one-year exclusivity period. Authors may only use the same results in other publications by clearly indicating this journal as the medium of the original publication. If there is no such indication, it will be considered a situation of self-plagiarism.
Therefore, the reproduction, total or partial, of the articles published here is subject to the express mention of the origin of its publication in this journal, citing the volume and number of this publication. For legal purposes, the source of the original publication must be consigned, in addition to the DOI link for cross-reference (if any).
