A (in)efetividade da penhora de criptomoedas no processo executório

Abstract

As cryptocurrencies gained popularity, and became a form of financial asset significant value, their attachment in the civil enforcement process has become an increasingly important issue. Relevant in the legal scenario, being another option for an asset subject to seizure. Therefore, we seek answer the problem that guided this study: There is the possibility of pawning cryptocurrencies in the process executory? The work carried out here is justified, as it is extremely important that the Law follows this evolution and transformation, with the creation of clear and efficient regulations with the aim of guaranteeing a fast, effective and safe execution. Therefore, the objective is to analyze the applicability of the seizure of cryptocurrencies in enforcement process, contextualizing this market, conceptualizing the enforcement and attachment processes, comprising the decisions and their reasons for granting or rejecting the request for cryptocurrency pledge. In order to answer the initial question, the article's method is to review bibliographical based on scientific articles, books, monographs, dissertations, theses and laws that make reference the topic addressed, guiding the study as a whole. It is concluded that the digital technological scenario that contemplates cryptoactives is recent, unstable and still difficult to legally control, requiring implementation of legislation that can regulate, as well as control this new market, enabling the effectiveness of the seizure of these digital assets in the event of enforcement proceedings.