LAS CRIPTOMONEDAS EN EL DERECHO PERUANO

Translated title of the contribution: CRYPTOCURRENCIES IN PERUVIAN LAW

Michael Lincold Trujillo Pajuelo, Ruth Huamani-Torres, Carlos Ernesto Ruiz-Huidobro Marro, Victor Raúl Acuña-Patricio, Ronald M. Hernández

Research output: Contribution to journalOriginal Articlepeer-review

Abstract

Objective: The present research sought to analyze and systematize the expression of cryptocurrencies as a current phenomenon in the Peruvian market and its demand for legislative regulation for the good of citizens and the State according to the perspective of the researchers and interviewees. Method: The study was developed through the basic type of research, exploratory level, under the phenomenological design and using techniques such as documentary analysis and semi-structured interview. The participants were lawyers specialized in commercial law, finance, business, taxation and who are familiar with Peruvian legislation as a legal tool in their areas of professional practice. Results: It is necessary to carry out a general and emphatic study on cryptocurrencies before proposing a specific regulatory framework, considering their legal, economic and financial conception and possible guidelines. And that in the absence of such regulation there is a rapid growth in the use of cryptocurrencies, which can harm citizens by interacting with a digital currency that is not regulated by the Peruvian State and causes the loss of income opportunities for the Peruvian treasury. Conclusion: It has been evidenced that in the case of cryptocurrencies there is no regulatory framework in Peru, neither by initiative of the legislative power such as the Congress of the Republic of Peru, nor have the guidelines of legal proposal been given by the Ministries or banks. In this sense, it is complicated to specify the legal regulation of cryptocurrencies. This shows that Peruvian law regarding cryptocurrencies has a limited regulatory mission, and does not exercise control or obtain benefits for their circulation, despite being one of the countries in the region where their widespread use is registered.

Translated title of the contributionCRYPTOCURRENCIES IN PERUVIAN LAW
Original languageSpanish
Pages (from-to)349-364
Number of pages16
JournalRelacoes Internacionais no Mundo Atual
Volume3
Issue number36
DOIs
StateIndexed - 1 Jul 2022
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2022, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.

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