Uma análise da utilização de smart contracts para contratos de trabalho intermitente

Abstract

This herein undergraduate thesis aims to analyze the legal feasibility of using Smart Contracts for hiring workers under intermittent polity. Initially will be present the general theory, concepts and principles inherent to contracts, in order to clarify how traditional contracts work in Brazilian Laws. Also the origins of electronic contracts will be presented, highlighting the differences between these and traditional contracts, and the adaptation of Brazilian Laws to this reality. This is followed by the evolution of contracts in general to current Smarts Contracts, their operation and their construction through Blockchain technology. Then will be presented the legislative evolution of labor relations and the characteristics of the intermittent work polity, created by Law No. 13.467 of July 13, 2017. This law, also known as “labor reform”, innovated in the legal system allows hiring and remuneration of workers for hours actually worked, in order to remove workers from informality and reduce unemployment. Will also be identified the essential elements for the development of a legally perfect application that enables the hiring of intermittent workers through Smart Contracts. The methodology used in this study is deductive, based on the descriptive research of the concepts involved in Smart Contracts and the intermittent employment contract, which allowed us to conclude that, given the legal precepts, it is legally viable to use an application that apply Smart Contracts for hiring intermittent workers.