THE LEGAL CONSTRUCTION OF CRYPTOASSETS IN THE BRAZILIAN LEGAL SYSTEM: A STUDY FROM THE PERSPECTIVE OF LEGAL ANALYSIS OF ECONOMIC POLICY
Cryptoassets, Information Technology, Political Economy, Law, Regulation, Legal Analysis of Economic Policy.
Cryptoassets are disrupting the traditional financial system and hold the potential to reshape economic practices globally. As a result, various countries are actively developing regulations for these assets, including Brazil. This study examines the interplay between law, political economy, and information technology in the evolution and regulation of cryptoassets. It delves into how differing views on the nature of money have shaped economic practices over time and their connection to the concept of cryptocurrency. Moreover, it explores the friction and interactions between legal frameworks and computer code, assessing how these dynamics contribute to the rise of cryptoassets. Within the Brazilian context, the study looks at the development of cryptoassets' regulatory framework through the lens of the Legal Analysis of Economic Policy, using this approach to explore how such regulation might impact the enjoyment of subjective rights. It proposes a framework for analyzing potential impacts of cryptoasset regulation on housing rights and suggests a model that could be adapted to other fundamental rights.