BLOCKCHAIN, SMART CONTRACTS AND NOTARY ACTIVITY: ensuring legal security in the face of a changing scenario

• DOI: https://doi.org/10.22533/at.ed.2164162429075

• Palavras-chave: Blockchain, smart contracts, escrow account, notary activity.

• Keywords: Blockchain, smart contracts, escrow account, notary activity.

• Abstract:

  Notary activity is, without a doubt, one of the most traditional in the country, with more than four centuries of existence in Brazil. Since the installation of the first Notary Office, 458 years ago, much has been innovated in notary activity, from the way in which delegations are staffed, through the recognition of the importance of the function, to legislative and legal innovations that, in recent years, have entered the scope of this multisecular function. It is in this scenario that the aim is to contextualize the compatibility of traditional notary activity with new technologies, especially the blockchain network and smart contracts. Furthermore, reference will be made to the recent confirmation of notarial escrow by Law number: 14,711/2023. In this sense, initially, the main characteristics of blockchain, smart contracts and escrow accounts will be exposed. Next, we will seek to analyze how these new technologies impact notary activity to, finally, point out the significant advantages of compatibility, and not replacement, of notary activity with new technologies.