The Possibility of Adopting the Doctrine of Willful Blindness in Money Laundering Offenses

Abstract

The enactment of Law No. 12,683/2012, which introduced several amendments to Law No. 9,613/1998 with the aim of enhancing the effectiveness of criminal prosecution of money laundering offenses, has generated significant doctrinal debate regarding its positive and negative aspects. This article focuses on the characterization of the offense in cases of dolus eventualis, specifically concerning the conduct described in Article 1, §2, item I. This issue was extensively debated in the judgment of Criminal Case No. 470 by the Federal Supreme Court, widely known in Brazil as the “Mensalão” case. The study also examines the possibility of applying the doctrine of willful blindness and its use in Brazilian case law.