A efetividade da execução civil na economia descentralizada: medidas coercitivas atípicas e a constrição de criptoativos

Abstract

This Undergraduate Thesis analyzes the effectiveness of civil enforcement proceedings regarding crypto assets, investigating the legal feasibility of their attachment under the Brazilian legal system. It departs from the premise that the dematerialization of property has shifted contemporary wealth from the tangible sphere to the digital environment, giving rise to crypto assets as goods endowed with significant economic value and high liquidity. Although the Superior Court of Justice, in the judgment of Special Appeal No. 2,127,038/SP, has recognized the attachability of such assets, their decentralized architecture removes the third-party custodian upon which the State's coercive power relies, thereby undermining the effectiveness of centralized asset-tracing systems, such as SISBAJUD. In this context, the study addresses the problem of how to ensure the satisfaction of the claim when the debtor transfers his assets to self-custody wallets or to entirely foreign exchanges, configuring what legal scholarship refers to as a digital tax haven. The research, of a qualitative nature, is conducted through bibliographic review, case-law analysis, and documentary examination of statutes and judicial decisions. It is demonstrated that the alleged untraceability of the blockchain constitutes a mistaken perception, since the technology operates as a public and immutable ledger, which enables the tracing of asset transfers. Building upon this premise, the study examines the Judiciary's institutional response, embodied in the CriptoJud system, as well as its structural limits. It is concluded that overcoming this patrimonial shielding does not depend on legislative innovation, but rather on the interplay between the traceability inherent to blockchain technology, which exposes the allegedly concealed flow of assets, and the atypical coercive measures authorized by the Code of Civil Procedure, instruments capable of compelling the debtor to satisfy the debt and of rendering enforcement effective within the decentralized economy.