Smart contracts no ordenamento de direito privado brasileiro à luz da teoria do fato jurídico: estudo de lawtech curitibana

Abstract

Since the mid-1990s, it has been conjectured that negotiating clauses may be arranged in computer language of automatic execution by means of a phenomenon designated at the time as smart contracts. With the advent of the technology known as blockchain, these legal phenomena have acquired technical and economic viability, which is why they received greater attention from society. However, studies in the legal and / or computational sciences do not unanimously present a definition of the term smart contract, which makes it difficult to understand its social, economic and legal impacts. The objective of this work is to evaluate the compatibility of smart contracts with the Brazilian private law system. This essay, therefore, fits within the research line of Technology and Development of PPGTE, by raising the implications of this technology in the local productive arrangements and its territoriality. This research is descriptive and exploratory. The adopted methodological procedures are composed by the bibliographic survey of the pertinent themes and a field research through semi-structured interview with a curitiban law-tech that worked in the field of smart contracts. In the development of this work, aspects related to science, technology, society and regional development were identified; the essential points of the theory of legal fact were described; the concepts and technologies underlying the smart contracts were reviewed; and it was presented the definitions and features of smart contracts. The results include: a legal definition of smart contracts in Brazilian law; its reception in the current order of national private law; and considerations were made about the possible impacts of smart contracts that provide complex legal, notarial and accounting services in remote territories of large urban centers.