A Blockchain e a prescindibilidade da aplicação do princípio da cartularidade aos titulos de crédito.

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.