INTERSEÇÃO ENTRE DIREITO E TECNOLOGIA NA PERSPECTIVA DE MODELOS DE ORDs BASEADOS EM BLOCKCHAIN E SMART CONTRACTS

Abstract

This article aims to verify the possible intersection between the blockchain architecture ecosystem with the system of digital dispute solutions models or Online Dispute Resolution (ODR). Both Blockchain architectures and ODR models emerged and established themselves, initially, in a context of digital economy, with similar goals of conflict management, promoting security, efficiency and reliability. The total inexistence of conflicts and the lack of external measures to blockchain platforms did not prove to be a reality in the digital economy ecosystem, hence there is a demand for models to solve these conflicts. The purpose of this article is to verify how the blockchain architecture relates to the field of conflict resolution, serving both as a technology that allows the development of new conflict resolution models, ODR by blockchain, as well as a source of demands for its resolution of conflicts arising from relationships established through blockchain architecture, ODR for blockchain. To compress the legitimacy of these conflict resolution models, for and by blockchain, it was analyzed how legal institutes have been reformed in the face of the advent of alternative or adequate conflict resolution methods, as well as ODR models. It was found that in the national context there was a reinterpretation of classical legal notions to ensure the legitimacy of new dispute resolution models, however, although there are positive expectations regarding ODR models in general, ODR models for and by blockchain , due to its particularities, presents challenges regarding its legitimacy that have not yet been explored