THE DILEMMA OF SMART CONTRACTS IN CURRENT BRAZILIAN LAW: AN ANALYSIS OF THE PROPOSAL ACCORDING TO THE DICTATIONS OF THE 2002 CIVIL CODE

Abstract

This article aims to conceptualize and analyze smart contracts in the scope
of Brazilian law, from the perspective of the Civil Code of 2002. Primarily, the technology behind such a contractual modality, the Blockchain, will be presented, and, after this, the smart contract will be conceptualized and exemplified. Next, the interpretation of the theme will be introduced through the understanding of what is proposed by the Civil Code with regard to the manifestation of will and the organization and contractual practice, thus verifying the possibility of implementing the proposed in Brazil. Therefore, glimpsing the theme, the methodology for analysis of this context will be the bibliographic research. The theoretical reason that motivates the present writing is justified in the need to seek to understand the origin and limits of technological application in the legal field, with the general objective being understanding the viability of smart contracts in the Brazilian legal context, and the specific analysis of the applicability and urgency of the aforementioned contracts in society, from the perspective of the Civil Code of 2002 and the miscegenation between this and those, in order to understand the limitability of contractual automation in the Brazilian legal system today, in order to verify the possibility of regulation in today’s Brazilian contractual parameter.