Blockchain e smart contracts: desafios para sua aplicação nos contratos empresariais

Abstract

With the emergence of the innovative blockchain technology in 2008, several notes emerged about the potential use of this technology for other areas beyond simple financial transactions. As will be shown, this technology has been promising to be increasingly useful to solve, in a practical way, several problems in society. In one of these utilities, smart contracts emerged, which are being studied for practical use in contract law, which is the justification for this study. Therefore, the present study, made with bibliographic reviews, laws and doctrines, proposes to examine whether it would be legally viable to apply smart contracts in business contract law. This area was specifically chosen due to its peculiarities, the technological advance of the market and the rapid absorption of new technologies that make it the most prone to this experimentation. Due to this, this area proves to be the most suitable for testing the use of a smart contract. However, there are still some challenges and issues for the implementation of smart contracts in the legal field, such as their validity in the factual-legal plan, since they are contracts created and executed exclusively in the digital environment. In this way, new challenges arise for legal professionals who will need to adapt themselves professionally to these new technologies. Finally, we will analyze both the positive and negative points of using this new technology and your application.