Insegurança jurídica bate à porta do estado
Páginas | 22-23 |
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O documentário Banking on Bitcoin (Banco ou Bitcoin), disponível no Netflix, resgata o histórico das moedas virtuais no mundo antes de seu grande salto. Em 2013, quatro anos depois de surgir no mercado, a criptomoeda atingiu o maior valor até então. Uma unidade correspondia a US$ 1.242,00. Para que se faça um comparativo, em 2009, quando o bitcoin veio à tona, seu valor era irrisório: US$ 0,0076. Mas o que é, afinal, a moeda virtual e por que ela tem gerado tanto debate no meio jurídico? A resposta direta: porque sua negociação é feita peer-to-peer ou ponto a ponto. Ou ainda, parte a parte, sem a figura de um intermediário como o banco ou o governo.
O advogado Douglas de Castro esmiúça os aspectos legais da moeda virtual e vê nas tentativas de regulação o temor do Estado em perder a soberania. A questão óbvia está na credibilidade. Correntistas e investidores não precisam conhecer as intrincadas malhas do sistema financeiro para confiar o seu dinheiro a um banco. O bitcoin pretende o mesmo, por meio da criptografia e de um livro de registros chamado de blockchain. A diferença é que não existe um repositório central de informação ou de valores. O sistema gerencial dos bitcoins está diluído entre as máquinas, por isso é imune a invasões. O problema é a regulação.
Em 2015, Benjamin Lawsky, superintendente de assuntos financeiros do estado de Nova York, encabeçou o projeto de criação da BitLicense. O objetivo principal era impor regras do mercado financeiro às moedas virtuais...
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