A Penhora de criptoativos: um olhar à luz da tecnologia da informação e do direito
From a legal approach, understanding the performance of technologies as blockchain and cryptocurrency means comprehending how they can be used to protect and to satisfy a credit claim. In this way, there are still doubts on the Brazilian legal system about the procedure of the cryptocurrency attachm...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/49063 |
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| Resumo: | From a legal approach, understanding the performance of technologies as blockchain and cryptocurrency means comprehending how they can be used to protect and to satisfy a credit claim. In this way, there are still doubts on the Brazilian legal system about the procedure of the cryptocurrency attachment and, because of that, the present work is justified by the important study of this measure as one of the new measures that are capable of solving the judicial congestion in the field of civil enforcement procedures. Therefore, its main goal is to analyze the cryptocurrency attachment as a new executive payment method and how does it work on the practical side, in order to expand the viability of the process and to respect the atypicality of the forms. To accomplish this goal, the research carries out three secondary goals, such as: i. to do a historical digression through the evolution of executive actions, also discussing its concept and the difference between the right to property and the right of property; ii. to look into the virtual currencies, their concept, their current regulation in Brazil and how they do work, taking into consideration the blockchain technology, which serves as the basis for operations with cryptocurrencies; and iii. to explain about the attachment, its guiding principles and the process of locating these cryptocurrencies destined for attachment. Moreover, it was used a descriptive approach as methodology and a logical-deductive method, combined with exploratory research of legislative, doctrinal and jurisprudential to investigate the field of civil enforcement procedures in adaptation to new technologies. At last, it is concluded that is possible to pledge a cryptocurrency from a legal point of view, also being necessary to comprehend how does this procedure works. |
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