Criptoativos: história, conceito e os desafios para a execução civil sob um prisma constitucional
This study primarily aims to analyze the interplay between crypto-assets, constitutional law, and civil procedural law in the enforcement phase, encompassing the challenges and opportunities that arise from a legal perspective with the use of this type of financial assets for investment, transaction...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/58048 |
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| Resumo: | This study primarily aims to analyze the interplay between crypto-assets, constitutional law, and civil procedural law in the enforcement phase, encompassing the challenges and opportunities that arise from a legal perspective with the use of this type of financial assets for investment, transactions, and value storage through an explanatory methodology. To this end, it will examine the historical and fundamental concepts surrounding cryptoassets and their definition in an ex post facto manner. Through quantitative and qualitative research from private entities and public data from the Federal Revenue Service, it demonstrates the increasing adoption of crypto-assets in the investment market by Brazilians. In light of this social and economic phenomenon, the study bibliographically analyzes the Brazilian legislation that has emerged over the years on this subject, which is still under constant development, including recent laws approved on the matter by the National Congress and in Executive Decrees. Subsequently, it employs a bibliographic method to highlight the constitutional and procedural constitutional principles that guide the State's actions in the execution of judicial credits, with special emphasis on economic order, due process, broad defense, and contradiction, addressing them from the perspective of national monetary sovereignty. In turn, it discusses the main challenges involved in the identification, tracking, proof, liquidation, and satisfaction of credit in relation to crypto-assets in civil executions. Furthermore, it addresses the possibilities and limitations of using technologies such as blockchain and smart contracts to enhance the effectiveness of the enforcement process in relation to crypto-assets. Next, it presents quantitative jurisprudential data obtained from higher courts on matters related to cryptoassets. Finally, as a specific objective, the research conclusions are presented, highlighting the main results obtained and their implications for constitutional law and civil procedural law in the enforcement phase, observing the possibilities of judicial seizures of crypto-assets that currently present themselves to legal practitioners. |
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