Banca de QUALIFICAÇÃO: VICTOR PEREIRA CÂMARA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : VICTOR PEREIRA CÂMARA
DATE: 14/11/2023
TIME: 14:30
LOCAL: Ambiente Virtual
TITLE:

CRYPTOASSETS: HISTORY, CONCEPT, AND THE CHALLENGES FOR CIVIL ENFORCEMENT UNDER A CONSTITUTIONAL PRISM

KEY WORDS:

Crypto assets. Blockchain. Civil Procedure. Constitutional Law. Fundamental Rights and Guarantees. Civil Enforcement.

PAGES: 114
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present study aims to examine the relationship between crypto assets, constitutional law, and civil procedure in the execution phase, exploring the challenges and opportunities that arise from a legal standpoint with the use of this category of financial assets for investment, transaction, and value storage purposes through an explanatory methodology. Therefore, the historical and basic concepts involving crypto-assets and their definition will be analyzed ex post facto. Utilizing both quantitative and qualitative research from private entities and public data from the Federal Revenue Service, the study substantiates the growing adoption of crypto assets within the Brazilian investment market. Given this socio-economic phenomenon, a bibliographic analysis of emerging Brazilian legislations over the years on the subject matter, which are still in ongoing development and have been recently approved by the National Congress, is conducted. Subsequently, this scholarly work employs a bibliographic method to highlight the constitutional principles that guide the state's role in the execution of judicial credits, with particular emphasis on due process of law, the right to a full defense, and the principle of contradiction. In turn, the study discusses the primary challenges involved in identifying, tracking, proving, liquidating, and satisfying credit in relation to crypto assets. Furthermore, the study addresses the possibilities and limitations of employing technologies such as blockchain and smart contracts to enhance the effectiveness of the execution process concerning crypto assets. Lastly, specific objectives include presenting the research conclusions, highlighting the key findings, and their implications for constitutional law and civil procedural law in the execution phase, with an observation on the prospects for judicial seizure of crypto-assets currently available to legal practitioners.

COMMITTEE MEMBERS:
Presidente - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Interna - 336611 - MARIA LUIZA PEREIRA DE ALENCAR MAYER FEITOSA
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO