Reflexões jurídicas em torno dos smart contracts

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Abstract

New technologies have provided undeniable and irreversible changes in the social fabric. The 4.0 Revolution, also called the Fourth Industrial Revolution or Technological-Communicative Innovation, inaugurated a new paradigm, when compared to the impacts of the previous revolution. Alongside the transformations in the business organization of economic activities, which increasingly rely on new business models, there is a re-signification of the notion of money. Currency, a movable good that embodies a unit of exchangeable value, was essential for the development of commerce and is intimately linked with business activity today, although it is gaining new meaning with the phenomenon of cryptocurrencies. However, more important, or revolutionary than the cryptocurrency itself is the functionality behind it and the disruption it caused in the most varied sectors of life in society. The technology that makes it possible to create a cryptocurrency also makes it possible to develop smart contracts, the subject of this study. To do so, we initially check the importance of blockchain technology and then assess which of them can serve as a basis for creating the so-called smart contracts. From this point on, then, it will be possible to analyze these contracts, if they really are, their main characteristics, advantages in their use and challenges to be overcome to ensure the private protection of the credit rights that arise from them.
Original languagePortuguese
Number of pages8
JournalRevista Controvérsia
Issue number2
Publication statusPublished - 2023

Keywords

  • Smart contracts
  • Blockchain
  • Cryptocurrency
  • Disruption
  • Law

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