LEGAL SECURITY IN DIGITAL ECOSYSTEMS: REGULATION BY PRINCIPLES AND SUPERVISED SELF-REGULATION FOR AI AND BLOCKCHAIN IN BRAZIL

Abstract

This study addresses the dilemma of reconciling legal certainty—understood as normative predictability and protection of rights—with the accelerated pace of innovation in artificial intelligence and blockchain. It analyzes how principle-based regulation can provide flexibility, while supervised self-regulation (e.g., as provided for in Article 50 of the LGPD) encourages sector participation in the formulation of specific norms. The research proposes a risk-graded hybrid model, combining soft law and hard law, technical interoperability, auditable transparency mechanisms, ODR (Online Dispute Resolution), and economic instruments (insurance and compensation funds) to ensure effectiveness and effective protection in decentralized environments. This model is applied to the case of public registries, under the SIM (Sustainability–Interoperability–Regulatory Framework) hypothesis. As an international example, the MiCA and AI Act in the EU, sectoral arrangements in the USA, and initiatives in Argentina (blockchain digital identity) are examined.