Os crimes de colarinho branco e a teoria da cegueira deliberada: uma análise à luz da concretização dos direitos sociais

Abstract

Considering the inefficiency of the punitive methods employed by Brazilian law for the White Collar Crimes and due to non-realization of social rights, ensured by the Federal Constitution, the objective is to analyze the use of the Willful Blindness Doctrine to such classes of crimes, facing possible difficulties and criticism in legal transplantation, as well as the consequences regarding the materialization of these fundamental rights. Therefore, by means of the deductive method, it was followed the study of the origin of these crimes, their interpretation and application, together with the analysis of the development of the mentioned theory, correlating them with each other, and also, with the social rights, with the intention possible adoption by the Brazilian normative system. Thus, it can be inferred from its compatibility with the national legislation, as well as its fruitful application to the crimes of the upperworld, which results in the effectiveness of the punishment of such white collar agents. Therefore, from this established correlation, the likelihood of the enforcement of social rights is visualized, based on the use of a faster and more efficient method in the prosecution of these criminal offenses, and, as a result, the fulfillment of these minimum rights would result guarantee a life with dignity.