THE LEGAL NATURE OF DIGITAL GOODS IN THE BRAZILIAN LEGAL ORDER

Abstract

The article discussed the topic of “the legal nature of digital assets in the Brazilian legal system”. The objective was to study the legal nature of digital assets in the Brazilian legal system, considering that there is no specific legislation regarding digital assets. To achieve the desired purpose, the research used the deductive method, starting from theories and general concepts, to then reach the conclusion of the problem of the present work. To achieve this end, the research used the analytical-dogmatic legal methodology through bibliographical research, especially with an exploratory nature. For data analysis, the qualitative technique was applied. The result obtained was that there is currently no law in the Brazilian legal system that aims to protect the applicability of Digital Law, causing legal uncertainty. The legislator updates the standard seeking to adapt it to Digital Law, immediately filling the existing gap in Brazilian law, so that its applicability occurs appropriately. Therefore, it is necessary to create a standard or change current laws that seek to address the topic, albeit in a timid way, so that it clearly brings to the Brazilian legal system in a cohesive way the applicability of Digital Law, ensuring greater legal security.