Competência na regulação dos criptoativos no ordenamento jurídico brasileiro

Abstract

In the Brazilian legal system, there is no consolidated law in force to deal with specific issues concerning cryptoassets. As will be addressed in this academic work, cryptoassets are performing an extraordinary movement of social adoption in the world and in Brazil, despite the existence of sensitive issues that deserve attention from the State, it should be noted that the Brazilian authorities have remained deficient in disciplining the rational functioning of the cryptoassets market. Through this Course Completion Work, it will be exposed that there are market failures in the context of cryptoassets, failures which legitimize the State's intervention in the dynamics of the economy, since it is necessary to build a marketing context with greater protection for the user of these new technologies. This academic work will mainly be devoted to investigating competence in the regulation of cryptoassets. This work will also present considerations regarding which regulatory authority is competent, given the peculiarities of cryptoassets, which can manifest themselves in fact with exotic characteristics, in line with CVM Guidance number 40/2022. Therefore, in order to fulfill this scientific role, it will be necessary to reflect on the legal nature of cryptoassets, and it will also be necessary to reflect on the characteristics of regulatory institutions of the national financial system. For this purpose, the inductive scientific method will be applied, based on the analysis of legislation, articles, books and jurisprudence. The conclusion is the thesis of technical taxonomy of cryptoassets as a way to elucidate the regulatory action, it is concluded that both the Securities and Exchange Commission and the Central Bank of Brazil are competent, above all, the regulatory context should materialize through an Agreement of Technical Cooperation between such institutions.