PROPERTY AND FREEDOM IN THE DIGITAL WORLD: THE CONTRIBUTION OF SAINT AUGUSTINE'S THOUGHT TO THE UNDERSTANDING OF FUNDAMENTAL RIGHTS IN DECENTRALIZED BLOCKCHAIN ​​TRANSACTIONS

Abstract

Blockchain technology, by replacing centralized control mechanisms with decentralized networks, presents significant challenges to the way Brazilian constitutional law protects property, liberty, and legal security. This article begins with the philosophical reflections of Saint Augustine, particularly the interrelation between order, justice, and the common good, as articulated in *De civitate Dei*, in order to construct a dogmatic framework that can skillfully reorient fundamental rights towards an objective moral standard within the digital realm. The investigation is framed as a problem: to what extent can the Augustinian perspective of ordered liberty and property, oriented towards the common good, serve as a normative criterion for the interpretation of decentralized transactions executed via blockchain in Brazil from 2014 to 2025, in light of the 1988 Constitution, the Brazilian Internet Bill of Rights (Law 12.965/2014), and the Brazilian Cryptoassets Legal Framework (Law 14.478/2022)? It is hypothesized that the Augustinian structure facilitates the reconciliation of technological advancement with the need for minimal responsibility, as it subjects the exercise of legal powers to a pre-existing order beyond the individual. The methodological approach employed is hypothetical-deductive, encompassing bibliographic research and systematic examination of normative texts. The conclusion is that the legal system can integrate decentralized solutions without abandoning the primacy of the common good and the social function of property.