COMMENTS ON THE (IM)POSSIBILITY OF APPROXIMATING CONDITIONAL INTENT AND WILLFUL BLINDNESS

Abstract

Interest in the institute of willful blindness has gained prominence in Brazilian jurisprudence and doctrine, with its equation with conditional intent, especially in the corporate sphere in order to eliminate loopholes in punishability. Throughout the analysis of the essentials requirements to criminal liability in Brazil, especially the ones to verify the agent´s intent, and the elements that configurate the willful blindness in the North-American criminal system, the compatibility of those institutes can´t be stablished once they cannot be taken as equivalent, especially in the context of improper omission in the business context.