The legal impact of blockchain in Brazil’s Legal System: Trust as source of law

The article upholds the importance of the concept of trust, which is the basis of Blockchain technology, as a source of unregulated law, and explores the consequences of its eventual formalization. To this end, with the support of an interdisciplinary literature review, the concepts of Information Society and New Economy are introduced and defined, and the link between these definitions and the phenomenon of global horizontal governance is explored. Besides, the article articulates how trust, characteristic of Blockchain technology, becomes a key piece in the dynamics of the Information Society, bumping into the need to be recognized legally. It is also shown that this technological trust is distinguished from moral trust and emphasizes the relationship of interdependence between them both, since the former is a guarantor of the latter, playing a role like the law or further instruments of expert systems. The article concludes that, for this interdependence relationship to produce effects capable of ensuring due legal certainty, it is necessary to include technological trust in the sources list of LINDB’s Article 4, so when called upon to resolve issues arising from failures in the Blockchain system, the Law is prepared to protect the rights of individuals and ensure their effectiveness.