A tributação das finanças descentralizadas (DeFi): perspectivas e desafios

Abstract

The study provides an in-depth analysis of taxation in Decentralized Finance (DEFI), employing an exploratory approach to examine the legal and tax implications of this emerging system, which operates on blockchain technology. The main objective is to provide an overview of cryptocurrency and decentralized finance taxation, as well as to discuss legislative gaps and challenges faced by regulatory bodies in adapting to the new realities brought about by crypto-assets and smart contracts. The methodology adopted is deductive, starting from general theories and norms to understand the specific phenomena of DeFi, with bibliographic research being the primary data collection method. The study reveals that, despite the exponential growth of virtual transactions and the promise of a more efficient and decentralized financial system, tax regulations remain insufficient to meet contemporary needs. The RFB Normative Instruction 1888 and Law. 4,754/2023 are mentioned as initial attempts at regulation, but they are inadequate in the face of the complexity and innovation of the DEFI system. The results indicate that the absence of specific legislation hinders the effective taxation of cryptocurrencies, which could lead to tax evasion and loss of revenue for the state. It concludes that it is imperative for the legislative branch to act swiftly and effectively to create a clear and comprehensive regulatory framework that allows for fair and appropriate taxation of these digital assets, thus ensuring the preservation of the rule of law and tax justice.