Penhora judicial de criptomoedas: uma análise sobre sua efetivação

Abstract

The purpose of this article is to deal with the possibility of effecting the judicial attachment of crypto-currencies, taking into account the rules that conduct the enforcement procedures in the Brazilian legal system, especially the Law 13.105/15 (Code of Civil Procedure). For this purpose, the research was carried out using the deductive method, mainly from the doctrinal study, through scientific articles and books that deal with the subject, as well as the analysis of jurisprudence in the Brazilian courts about it. The theoretical framework employed is the post-positivist, considering that thenormativity of values and principles, as well as rules, is respected. In this article, it is going to be made a brief historical explanation of the evolution of money, from its beginnings to the present day, and then be treated properly about the crypto-coins, with their concept and characteristics. Afterwards, an approach will be taken on the situation of the crypto-coins in the Brazilian legal system and, finally, conclude on the feasibility of its judicial attachment, the central theme of the paper.