Redefinição das relações contratuais: uma análise das implicações jurídicas e regulatórias na era da blockchain

Abstract

Technology has revolutionized social and economic relations. Currently, we have a series of mechanisms capable of replacing human activity, among them, blockchain technology, which has changed the way transactions and agreements are being practiced. Linked to this technology are the so-called “smart contracts” that present characteristics of automation, transparency, security, cost reduction and immutability, and can be used in public and private spheres. Their applications range from health to civil construction. Therefore, the smart contract is a technology capable of considerably affecting the social environment, since, while it is not regulated by national legislation and there is no uniformity in its rules in other countries, it hinders the assessment, interpretation and knowledge of the State, leaving users with no one to turn to in case of failures. This technology challenges the law and reveals the need for new means of conflict resolution, the training of lawyers qualified to act in this area and the creation of a legal framework that encompasses this new configuration of contracts, which justifies the importance and need for this research. Therefore, this study seeks to understand, through a bibliographic review, the evolution of contracts in history, the nature and legal validity of Smart Contracts, as well as their applications and legal implications. It was found that smart contracts have great potential for growth, which is achieved with their own regulations and conflict resolution mechanisms that effectively resolve disputes and guarantee security to users.