BLOCKCHAIN AS AN ATYPICAL MEANS OF PROOF IN CIVIL PROCEDURE

Abstract

This article analyzes the legal viability of blockchain technology as a means of evidence in Brazilian civil procedure. The research stems from the observation that the national legal system presents significant regulatory gaps in the treatment of digital evidence, limiting itself to governing only certain aspects related to digital evidence. Blockchain, characterized by immutability, transparency, decentralization, and cryptographic security, emerges as a robust technological alternative to address these deficiencies. The central question investigated is whether blockchain can be admitted as a means of evidence in Brazilian civil procedure. The working hypothesis contends that its technical characteristics make it legally admissible as an atypical means of evidence, finding legal foundation in Article 369 of the Code of Civil Procedure. The general objective is to demonstrate its legal viability, unfolding into the following specific objectives: to analyze the normative foundation of evidentiary atypicality; to identify the technical characteristics of blockchain relevant to evidentiary law; and to examine its initial jurisprudential recognition. The deductive-analytical method is adopted, through bibliographical research, analysis of legal provisions, and examination of judicial decisions. The results reveal that Brazilian courts already recognize blockchain as a suitable instrument for preserving and authenticating digital evidence, indicating a trend of judicial acceptance that corroborates its viability as a natural evolution in contemporary evidentiary treatment.