THE POSSIBILITY OF THE ATTACHMENT OF CRYPTOCURRENCY AND THE PROCEDURAL EFFECTIVENESS

Abstract

This study addresses the possibility of using cryptocurrency as a searching tool for the procedural effectiveness. First, it is analyzed how the effectiveness and the celerity of the process present themselves as well as its importance towards the existence and objectives concerning the exercise of the jurisdiction. The issues of this process are presented as they represent the majority of the current law suits in the Brazilian judiciary which shows the increasing difficulty in which creditors face to enforce the judicial decisions acknowledging their property rights. The main form of the execution process’s development, such as pawing, is one of the crucial ways to concretize the search and individualize the property of the debtor which may respond for the debt. A study will be conducted towards the concept and the functionality of the criptocurrencies, as well as the judicial nature of such mode of currency in the Brazilian judiciary. Following this, the possibility of pawning the criptocurrency will be analyzed,even though there is lack of regulation concerning transactions such as the one ruled at Tribunal de Justiça de São Paulo. This aims to verify if the conduct is allowed or not, and in which situations. In the end, the main obstacles found in the observance will be related mainly concerning the acknowledgement of its existence in the defendant’s property and locating how it is stored in a way to its constriction.