Aplicação da teoria da cegueira deliberada no crime de tráfico de drogas

• Autor(a) principal: Oliveira, Caroline Back de
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2547
• topic: Cegueira deliberada; Tráfico de drogas; Dolo eventual; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This article aims to analyze the application of the Deliberate Blindness Theory in the crime of drug trafficking. Preliminarily, we sought to analyze the devices that rebuked and criminalized the crime of drug trafficking in the country over the years. Afterwards, the origin and the methods used to apply the Theory of Deliberate Blindness in the Brazilian legal system were sought, and finally, the concept and the methods of applying the Theory of Possible Dolo were analyzed. As a research problem, it was questioned whether the application of the Theory of Deliberate Blindness would serve as a basis to justify the existence of eventual intent in conducts linked to the crime of drug trafficking. To carry out the study and answer the question raised, the hypotheticaldeductive method was used, and the bibliographic exploratory research technique was used. Considering that the theory emanates from the Common Law System, that is, the convictions are based firstly according to the understanding given by the Courts of Justice, and then by the legislation, diverging from what happens in Brazil, and considering that the country already uses the Theory of Possible intent to penalize individuals by means similar to those of the Theory of Deliberate Blindness, there is no need to talk about the application of Deliberate Blindness in Brazilian territory. In relation to the proposed subject, it is emphasized that it has relevance due to the topicality of the theme, and the debates that generate about the application of the Theory of Deliberated Blindness in Brazil, for the criminalization of Drug Trafficking.