CRYPTOCURRENCIES IN PERUVIAN LAW; [MOEDAS CRIPTOGRÁFICAS NA LEI PERUANA]; [LAS CRIPTOMONEDAS EN EL DERECHO PERUANO]

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