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October 7, 2021· New University of Lisbon's Repository (New University of Lisbon)
dissertation
Open access

o fim do cripto-anarquismo?

Authors:Pires, Márcia Tomás *

Abstract

This dissertation aims to discuss the effects by regulation on the cryptoassets ecosystem. Given the underlying technologies, as is the case of Blockchain and Distributed Ledger Technology, it is our conclusion that the technology is under constant evolution, making regulatory intervention difficult as it will naturally will not follow at the same space. However, it is our understanding that the regulation to be carried out, would have to entail a switch in the way the legal system is shaped considering that online reality will overlap as well as find itself in contradiction with the physical world. Notwithstanding, there are several legislative initiatives that have been chained together, in special the advances made by the European Commission which are expected to enter into force in 2024. Under the qualification of cryptoassets made by the European Unition, it is our opinion, that are in contradiction with the nature of it. Finally, we conclude that the Portuguese legal system is equipped with the legal tools to regulate this reality. We conclude that regulation may be the end of the cryptoassets consolidation considering that it is based in beliefs in anarchy that sustain the entire market, without any central power involved.

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