CANDIDO, R . L.; http://lattes.cnpq.br/6088208822010492; CANDIDO, Rodrigo Lunguinho .
Abstract:
This current monographic work conducts an analysis from a theoretical-legal point of view,
about the dispensability of the principle of cartularity in the face of Blockchain technology, as
a consequence, the possibility of using Blockchain for credit instruments and exchange acts, in
a sense broadly, of how such technology could change the current notion of the obligation of
the credit title for the exercise of the rights present in any of those credits - with a focus on the
character of the cartularity. We sought to identify the need for advancement in the doctrinaire
understanding of this possibility and, consequently, the legal aspects of such a change in legal
mentality. Prep with this, general notions about the institute of credit titles and exchange acts
were addressed, in a legal and historiographical sense. Nevertheless, it dealt with the
fundamentals of the Blockchain and its operation. Immediately, the application of Blockchain
to credit titles and how it works. Finally, it dealt with the possibility of advancing our
conceptual, legal, doctrinal and legal understanding of the principle of cartularity, observing
the acceleration of the phenomenon of dematerialization of credit titles in the face of the
growing rise of Blockchain in this area. As for the methodology, the study was based on a
deductive method and evolutionary history, together with a qualitative and quantitative
approach in concatenation to a comparative method between both institutes, making extensive
use of an extensive bibliographical research, deep analysis of literatures, scientific articles,
legislation dealing with the problem raised. In the end, it was understood the need for a robust
legislative and doctrinaire construction given the dispensability of the principle of cartularity
and how the Blockchain completely changes the capacity for virtual transactions to meet the
needs of debtors and creditors. A decentralized network such as the Blockchain allows its users
to express all the functionality that a material credit instrument has, further guaranteeing the
possibility of self-execution of their rights in the event of default. In this way, the understanding
that the document and/or the cartouche are essential for the Foreign Exchange Law becomes
extremely sensitive, thus being able to be a complete new understanding about the Law.
Keywords: Blockchain. Credit Titles. Principle of Cartularity. Exchange Law.