A responsabilidade civil das corretoras de criptomoedas no Brasil: os desafios da regulamentação e a proteção dos usuários em um mercado descentralizado

Abstract

This study investigates the civil liability of cryptocurrency brokers operating in Brazil. The central problem of the study lies in the growing vulnerability of users in an expanding digital asset market, which still has many regulatory gaps and legal uncertainties, even after the enactment of Law No. 14,478/2022 (Brazil, 2022). Given this scenario, the overall objective of the study was to analyze the extent of the civil liability of these intermediaries for material and moral damages resulting from failures in the provision of services, such as security incidents, losses of assets in custody, and informational inadequacy. To this end, we adopted a deductive method, through a review of the literature and documents, analyzing the relevant legislation, specialized doctrine, and case law. The research was based on the hypothesis that, despite the specific characteristics of the technology and the challenges of regulation, the legal relationship established between users and cryptocurrency brokers falls under a consumer relationship, which attracts the application of the Consumer Protection Code (Brazil, 1990) and, consequently, the strict liability of platforms for flaws and defects in the services offered, constituting the main instrument for the protection of the vulnerable party.