A mineração de criptomoedas de forma imoderada e seus impactos ambientais : uma análise à luz da lei n. 9.605/98

Abstract

This article aims to accurately study the Environmental Crimes Law (9.605/98) and question its effectiveness in terms of penalizing the practice of cryptomining in an irregular manner, since it causes environmental impacts. It seeks to demonstrate by the analytical method and the bibliographic review technique that the large amount of energy demanded for cryptocurrency mining directly affects the amount of carbon dioxide emitted into the Earth's atmosphere, as well as brings with it a series of other negative effects. The first chapters are responsible for the explanatory approach of what a cryptocurrency is and how it works, with a focus on the use of electricity. Then there is the analytical demonstration of the impacts of excessive energy use and the deductive demonstration of the effects of current cryptocurrency mining practices. Finally, the work analyzes Federal Law nº 9.605/98, which systematizes harmful conducts to environmental goods, based on different doctrinal criticisms. Then, it discusses the guiding objectives of Environmental Law, which are the prevention of environmental damage and the repair of the degraded environment and verifies the (in)applicability of these institutes inserted in the present Federal Law before the practice of cryptocurrency mining, observing if it is necessary or not a change in this legislative device in order for it to become effective.