CONTRATOS INTELIGENTES (SMART CONTRACTS) E O ORDENAMENTO JURÍDICO BRASILEIRO: UMA ANÁLISE DA EXISTÊNCIA, VALIDADE E EFICÁCIA

This research analyzes the insertion and compliance of smart contracts within the Brazilian legal system, focusing on their compatibility with the requirements of existence, validity, and effectiveness of legal transactions. Using a bibliographic and documentary analysis methodology, the article explores the conceptualization of smart contracts, their intrinsic relationship with blockchain technology, and the challenges arising from their self-executing and decentralized nature. The analysis delves into the application of the Theory of Legal Facts, examining the planes of existence, validity (in light of the Civil Code and Law No. 14,063/2020 on electronic signatures), and effectiveness of these digital contractual instruments. Regulatory challenges, security and privacy issues, and prospects for the safe and effective integration of smart contracts in Brazil are also discussed. It is concluded that, although presenting significant challenges, smart contracts have disruptive potential and can be considered valid and effective within the Brazilian legal system, requiring, however, legislative and doctrinal attention for their full accommodation.