A possibilidade de pagamento do preço por criptomoeda no contrato de compra e venda

Abstract

The purchase and sale is perhaps the most common legal instrument within the scope of contractual business. It is a legally regulated form that aims to transfer ownership of something between two parties involved through compensation. According to article 481 of the Brazilian Civil Code, the price to be paid in the purchase and sale contract will be in “cash”. However, given the unpredictability that the national legal system presents in the definition of this term, the present research has the general objective of analyzing the possibility of equating cryptocurrencies with money, making it possible to use them as payment of the price in the purchase and sale contract. After all, the technological advance experienced by today's society is transforming commercial and monetary operations, providing new tools for contractors. Furthermore, specifically, it is intended to: show that money was not always represented in metal or paper money, not having an immutable and time-determined form that prevents it from being symbolized by new means; report how the virtual community formed a new custom of transacting using cryptocurrencies in purchase and sale operations, expanding this practice to physical establishments in numerous Brazilian capitals; explain the functioning of the technology that enabled the creation of virtual currencies and why it is so reliable and secure; and, finally, to note that the State should not inhibit the use of cryptocurrencies as payment of the purchase and sale price. This study uses the qualitative approach performed from the doctrine, current legislation, as well as articles related to the topic. In addition, it makes use of the exploratory methodology, aiming to present the origin of the money and, consequently, of the purchase and sale, as well as to demonstrate how virtual currencies have been applied in these transactions using Blockchain technology; and the hypothetical-deductive method, drawing a valid parallel to affirm that cryptocurrencies are money, therefore, they can serve as payment of the price in the purchase and sale, not aiming to study the regulatory impacts that may originate from this classification. Therefore, it will be possible to verify that individuals use virtual currencies as if they were money, changing the way purchase and sale operations took place by creating a custom that overflows the virtual, becoming a palpable practice, capable of being adopted even by the State which should not be concerned with prohibiting it, but with how best to use it for its purposes.