Impactos constitucionais da inserção das criptomoedas no Brasil: atuação dos órgãos do Sistema Financeiro Nacional na regulação econômica

Abstract

Commonly confused with the internet itself, the World Wide Web (www), the most widely used system on the internet and which works as a kind of layer set on the internet, has revolutionized the way people relate. Among the countless applications created in the web environment, the development of electronic commerce deserves to be highlighted, which allowed a drastic evolution of the sales and transactions processes between individuals, inasmuch as they started to work in another scope, that is, the virtual. Since the emergence of the www, online privacy activists, called cypherpunks, have started to think about the feasibility of creating virtual currencies, as a way of quantifying wealth in the internet environment. Only in 2008, with the release of a Whitepaper by the codename author Satoshi Nakamoto, entitled “Bitcoin: A Peerto-Peer Electronic Cash System”, it became possible to build really secure digital currencies, cryptocurrencies. These are coins invented for and by the virtual world, as a way to ensure the circulation of wealth among users of the virtual environment without the need for bank intermediaries. They are set in so-called blockchains, which work together as a new layer of the internet and which provide, among other things, advertising, security and decentralization, through encryption. In this fork, it should be noted that the great economic crises suffered by Brazil transformed it into an over-regulating state, which directly affected market innovation, a fact that directly attacks the inclusion of cryptocurrencies in Brazilian markets. Therefore, this research analyzed which constitutional issues were affected and the impacts caused by bureaucratic obstacles to the use of cryptocurrencies in Brazilian territory. It also aimed to study the relevance of the National Financial System for the regulation of markets, analyzing the National Currency in this context. Furthermore, it was also the aim of this research to develop the concept of cryptocurrency and to study its importance for National Development, with emphasis on the construction of the concept of social cryptocurrency. Finally, a detailed analysis of the Brazilian judicial decisions dealing with cryptocurrencies was also made, in order to recognize the position of the courts on the subject. To achieve the aforementioned objectives, a descriptive method was used to expose, evaluate and interpret all the information collected; quali-quantitative analysis, given that the collection of empirical data was carried out, the result of a detailed study of the judges dealing with cryptocurrencies; and in-depth bibliographic research, using scientific articles, research on specialized sites on the subject, among others. The bodies of the National Financial System are, since the popularization of the use of cryptocurrencies in Brazil, imposing bureaucratic obstacles for their inclusion in the markets. In addition, they avoid considering cryptocurrencies for regulatory purposes, a fact that directly affects the maintenance of the economy. Finally, it can be concluded that there is currently no legal certainty in the protection of the use of cryptocurrencies, which directly violates the constitutional provisions that deal with free enterprise, free competition, protection and promotion of innovation and others.