Contratos algorítmicos e onerosidade excessiva: as consequências da inflexibilidade

Abstract

Many investigations concerning smart contracts are still on the theoretical level, given its practical incipience. On the other hand, algorithmic structures already exist and are used to parameterize self-driving contracts. These models depend on prior indication, by mathematical parameters duly established between the parties, of the solutions to be adopted by the regency algorithm, which may or may not be a functional structure implemented using blockchain technology (usually associated with smart contracts). The research problem deals with unbalanced situations, more particularly excessive onerousness, in the context of these instruments. It works with the hypothesis that, in the current technical state of the art, the scope of these models should still be restricted to simpler situations that are less prone to imbalance, under penalty of their inflexibility causing avoidable and predictable distortions, not due to the nature of the obligation, but by the form adopted. The research will be based on the deductive method, with bibliographic contributions and qualitative research. At the end, a conclusion will be presented.