Desafios jurídicos na penhorabilidade de criptomoedas em Moçambique: uma análise sob a ótica da tecnologia Blockchain

Abstract

With technological advances, there has been an exponential growth in new forms of financial transactions, which significantly impact social life, in particular legal traffic, with part of these transactions being carried out through so-called cryptocurrencies, which present disruptive ways of using, storing and transferring capital. Their users see them as a means of investment that allows for more autonomous commercial transactions, without much state interference, unlike currencies. Furthermore, these transactions face challenges in relation to their legal viability, mainly due to the lack of specific regulation, especially with regard to their possibility of being subject to seizure. Given this context, in our research, we sought firstly to provide the appropriate legal framework for cryptocurrencies, origin and evolution, present their characteristics, as well as their respective functioning through blockchain, without leaving aside the debate on their nature. legal. In turn, we sought to approach property liability, enforcement and seizure in a generic way, so that in this way we could arrive at a specific and consistent approach to the seizure of cryptocurrencies, considering its particularities of lack of regulation, difficulty in identifying holders and high volatility