Blockchain in Contemporary Private Law
Perspectives from Brazilian Law
DOI:
https://doi.org/10.12957/publicum.2025.95039Keywords:
Law and Technology, Blockchain, Private Law, Decentralization, TrustAbstract
This article explores the potential uses of blockchain technology in contemporary private law, with a particular focus on the Brazilian legal system. The author lists the main characteristics of blockchain, as an incremental, immutable, and reliable chain of blocks, and its potential to reconfigure private relationships. The study examines the various ways blockchain applies to the legal sphere (smart contracts, corporate deliberations, DAOs, IoT, IIoT, asset tokenization, evidence production, and arbitration), especially under Brazilian civil law. The methodology consists of a qualitative and analytical approach, based on a critical literature review and a legal-dogmatic analysis of texts relevant to the topic, highlighting Bambara and Allen (2018) for the technical foundations of blockchain among other specialized references concerning its legal applications. The article demonstrates blockchain's transformative potential, offering a new paradigm of legal certainty and decentralized trust, capable of impacting everything from contract theory to supranational corporate structures.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 Guilherme Ramos de Morais

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The author(s) of the paper declare(s) to know and agree to the following rules:
1) The author(s) undertook the work presented to the journal, being entirely responsible for the ideas and concepts therein transmitted, which do not necessarily correspond to the point of view of Publicum’s Editors.
2) The ethical principles alluded to in the evaluation policy of the journal [RDN1] were met in the conduction of the work presented to submission.
3) The author(s) assume(s) authorship and responsibility for their work, declaring that it does not infringe any third party intellectual property rights.
4) The author(s) take(s) full responsibility for moral or patrimonial damages that the distribution of the work may generate to third parties.
5) The author(s) grant(s) the journal the rights to reproduce, edit and first publish the paper in any media – in particular in digital form – in an electronic archive on the Internet.
6) The author(s) confer(s) the right to the editors to modify the text submitted, without prejudice of its contents, when necessary to standardize the presentation of the works and to meet the norms of the journals’ own edition.
7) The author(s) agree(s) to the final form of the paper approved by the journal.
8) The author(s) authorize(s) the disclosure of the paper in the channels of communication of the Faculty of Law of UERJ.
9) The author(s) agree(s) with the reproduction of short extracts from the paper in other UERJ publications.
10) The author(s) recognize(s) that, through the abovementioned assignment and authorizations, he/she/they will not receive payment under any modality, meaning these will have the nature of scientific collaboration.
11) The author(s) is(are) aware that publication of the work may be refused if it is not considered appropriate, for any reason, whatsoever, and such refusal does not create responsibility and/or burdens of any kind to the journal or UERJ.
[RDN1]Ver COPE.

Publicum está licenciado com uma Licença Creative Commons Atribuição-NãoComercial 4.0 Internacional.
