Aplicações da blockchain : análise da possibilidade de uso de smart contracts e organizações autônomas descentralizadas (DAOS) no Brasil a partir dos princípios do direito contratual.

Abstract

The present work addresses the applications of the blockchain protocol known as smart contracts and decentralized autonomous organizations (DAOs) and the verification of their viability of use through a legal analysis focused on the application of the contract law principles in Brazil. Its general objective is to verify the feasibility of use, using a legal view that is focused on the application of the principles of contract law, smart contracts and DAOs in Brazil. Therefore, the following research problem will be answered: from a legal point of view, are smart contracts and DAOs, tools originating from blockchain technology, aligned with the principles of contract law in Brazil? The research method adopted is the deductive one. As for the research technique, indirect documentation is used, through a bibliographic review of scientific works and articles relevant to the topic, in addition to the analysis of federal legislation. The research results demonstrate that, based on the principles of contract law, there is no need to speak of an obstacle to the use of smart contracts and DAOs in Brazil. However, some of the principles lead to difficulties in this matter, while others depend on a definition of their interpretation in order to analyze how it will be applied to the context which is studied in this paper. It is concluded that the subject must be discussed and studied in detail by the government, since its use is inevitable, especially in the economic sphere. Therefore, the State shall define as soon as possible the ways in which these technologies will be regulated.