O uso da tecnologia blockchain no serviço notarial e registral e seus reflexos nos custos da propriedade privada: um estudo da sua viabilidade técnica, jurídica e econômica

Abstract

This work aims to analyze the applicability of the new blockchain technology in the notary and registry system, in view of its revolutionary promise to replace any intermediaries, through the formation of a trust protocol materialized in a self-sufficient and incorruptible procedure, in order reducing transaction costs. In historical evolution, man can never trust a two-way business relationship with another man. Trust has always had to be outsourced and served as a basis for the creation of independent third parties, such as institutions and delegations, in the form of State intervention with the aim of creating trust in transactional relations in society and reducing information asymmetries. Bureaucracy since then has been the technology of trust and one of the pillars for the existence of the State itself. With the emergence of blockchain, a technology based on decentralized trust, the idea of suppressing intermediaries has surfaced in the promise of reducing this cost, eliminating the failures committed by this intervention, which are often permeated by corruption and poor management. It was not long before several projects started to be put on paper so that the new technology could be used in the governance of private property. Several countries have started to invest in research and some have already started the implementation process, putting into practice some projects. The focus of this work was to analyze the feasibility of implementing the technology in the face of technical, legal and economic obstacles and what is the role of this technology in the function of notary and registry services, being an instrument that aggregates efficiency or a disruptive platform for eliminating extrajudicial services. As for technical obstacles, it was observed that several obstacles must be solved, from the problem with the cost of high maintenance of the system, which consumes a large amount of energy, to the storage capacity of complex and detailed contracts. From a technical point of view, it was found that there is no technical feasibility for implementing the public blockchain in isolation, as its creator Satoshi Sakamoto thought, requiring the intervention of private or hybrid blockchains, and their adjacent intermediaries. As for the legal obstacles, it was found that the use of isolated public blockchain would compromise the legal system in its independence, and can even be supplanted, through an exchange of trust in the legal system, by trust in the code of the blockchain procedure, causing a huge juridical insecurity. Thus, it is concluded that the best thing to do is the State to regulate the use of technology, without plastering the platform, using technology in an integrative way in order to improve the efficiency of the notary and registry service, using hybrid or private bockchains. As for economic obstacles, there are still technical problems that increase the cost of using the blockchain, but what causes greater frustration is that the original public blockchain's ideology of eliminating intermediaries and consequently reducing transaction costs is not yet possible in notary and registry services, due to technical and legal obstacles, thus frustrating all expected savings. Even so, there is an economic benefit to be seen from the interaction with notary and registry services, in the form of reducing the time and number of acts performed, coupled with greater content security, reflecting appreciably on the economy of these services.