OS SMART CONTRACTS NA GOVERNANÇA CORPORATIVA E SEGURANÇA JURÍDICA
ANÁLISE DA REGULAMENTAÇÃO DE CONTRATOS DIGITAIS NO PROJETO DE ALTERAÇÃO DO CÓDIGO CIVIL
Abstract
This paper analyzes smart contracts in the Brazilian context, in light of their increasing use, considering their history, application technology, and impacts on corporate governance and legal security. Although there is no specific regulation for the studied technology, which is indirectly addressed by legislation, it can enhance efficiency and reliability in commercial transactions. The study discusses a project to amend the 2002 Civil Code, which proposes to formally recognize digital rights and, specifically, smart contracts, suggesting a legal update. Using a deductive methodology, it demonstrates the relevance of smart contracts for strengthening legal security and corporate governance in the Brazilian context, particularly through the proposed regulation.
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