Barros, Marcus Aurélio de FreitasGomes, Matheus Farias Monteiro Pereira2021-10-182021-10-182021-09-14GOMES, Matheus Farias Monteiro Pereira. A legitimidade dos contratos inteligentes enquanto instrumentos de tutela executiva: uma análise da extrajudicialidade da execução como meio de solução de conflitos. 2021. 122f. Monografia (Graduação em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2021.https://repositorio.ufrn.br/handle/123456789/44604The smart contracts, with their capacity to automize contractual compliance, are means that potentiate performance, repudiating a ever growing recalcitrance that the Judiciary difficultly tries to reject with enforcement. Although it is certain that this technological innovation very much assists defending rights, it is also true that it possess the potential to be used unduly by abusing the rights of the parties and jeopardizing legal warranties, especially procedural ones. Therefore, the main problematic to be studied can be summed up by the following: is automation by smart contracts a legally legit way of enforcement? In face of that question, the present monograph seeks to study the suitability of smart contracts in the Brazilian legal system, as well as it’s potential as a tool of incentive to contract compliance and, thereby, as a proper method of conflict resolution regarding legal enforcement, justifying such approach by the fact that the maximization of the benefits of this technology are desirable, btu it’s risks should be studied and suited to the brazilian law. Therefore, some specifics goals are to be explored, as such: (i) the reception of a smart contract as a proper method of conflict resolution, exploring conceptually hoe these have developed along history; (ii) study it’s functioning principles, as to understand the essence of the technology, it’s limitations and it’s qualities; (iii) it’s suitability as a legal transaction (contractually or procedural); (iv) how smart contracts fit in the light of the current legal structure of enforcement and the modern tendencies of desjudicialization of enforcement; (v) it’s legitimacy and it’s potential as a tool by citizens and the Public Power. Based on a literature review and deductive analysis of the concepts related to the issues raised, it can be concluded that smart contracts, abstractly speaking, are tools that suit Brazilian legislation and can be used as a means of automating enforcement, but that they also must always observe the legal norms that protect lowsufficient parties and must safeguard, in each case, the constitutional and procedural guarantees in force.Contratos inteligentesResolução de conflitosNegócios jurídicos processuaisDesjudicialização e tutela executivaLegitimidadeSmart contractsConflict resolutionProcedural legal businessJudicialization and executive protectionLegitimacybachelorThesis