A possibilidade de tutela do mercado de criptomoedas pelo direito do consumidor

Abstract

The origin of cryptocurrencies takes place in a context of financial collapse of the system global financial, promoting the emergence of a decentralized digital format to state monetary policies. Cryptocurrency transactions are carried out in the internet through blockchain technology. Variations in its market value derive from the law of supply and demand whose backing would be the reliability of users in the shared economy. The cryptocurrency market is already consolidated internationally, however, lacking a definitive regulation, noting major advances in Japan and the United States. In this context of absence of a absolute regulation, users of these currencies are at risk of legal uncertainty in the digital currency market and susceptible to being victims of criminal practices through financial transactions. Cryptocurrencies can be object of treatment by consumer legislation, since they are treated as purchase and sale products made by its users, that is, its consumers. Exchanges can be characterized as providers by their provision of services in the intermediation of transactions with these currencies. Before such circumstances, due to the vulnerability of the consumer inserted in this market, it appears that, at the moment, the greatest support they can receive comes from the Consumer Protection Code which, although fundamental, is not enough to protect the cryptocurrency market, requiring the State to act with effective regulation according to the particularities of the sector and a concrete market surveillance. Some bills in Brazil are being processed in the Legislative, with a predominantly criminal bias, lacking greater attention to its consumerist aspect. At this core, it is extremely important that the Government act urgently in the adoption of legislative measures that create mechanisms for effectively and solidly regulate the cryptocurrency market