Cryptocurrency and legal mechanisms to fight tax crimes in Brazi

Abstract

This article analyzes the origin of cryptocurrencies, building a chronological reasoning in order to introduce the reader to the topic of digital currencies, so that, in a second analysis, it is possible to detail the different crimes that can be committed using the asset. From the analysis of national legislation, which does not deal with the subject objectively, and the classification adopted by the other countries where cryptocurrencies are traded, propose legal classification of digital currencies as foreign currency, in order to, from this classification, define how the application of the national legislation that deals with the crimes that may be committed using the asset and consequently the tax incidence on transactions involving digital currencies must be applied. In view of this proposal, we seek to create ways for the effective classification of cryptocurrencies as a foreign currency, based on the recent officialization of bitcoin as legal tender by El Salvador.