Smart contracts e o ordenamento jurídico brasileiro: os contratos de compra e venda frente a tecnologia blockchain

Abstract

The emergence of new technologies, new ways of trading goods and rights and meeting the new dynamics of a market economy seem to challenge pre-established models for regulating economic circulations, this monograph aims to comment on smart contracts and technology blockchain, analyzing these institutes from the perspective of the validity plan of legal transactions and the general theory of purchase and sale contracts. This is an exploratory and descriptive research, which sought to understand, through bibliographical research and data collection. First, the concept and origin and functioning of the blockchain will be discussed, as well as the execution of smart contracts. Then, a brief introduction will be made to the general theory of contracts and consumer law, in order to study the validity and formation requirements of consumer contracts as well as consumer guarantees. So, under the light of contract law, based on the deductive method, whether smart contracts can really be called legal contracts and whether they have legal validity, based on contract theory and consumer law.