PIX SCAM

the civil liability of financial institutions for user protection

Abstract

This research aimed to draw a parallel between the new payment system, consumer vulnerability, and the civil liability of financial institutions applied in court decisions in Brazil. Pix, driven by the need for digitalization resulting from the Covid-19 pandemic, brought agility and efficiency to millions of Brazilians who were thus able to be included in the financial market. However, the innovation has increased cases of scams: phishing, fake profiles, and capture of sensitive data are examples. Thus, we sought to investigate, based on consumer legislation and case law, the type of liability applicable to the demand and in which scenarios it would generate effects for the consumer. To this end, we addressed the main forms of security guaranteed by the Central Bank. The research was carried out through a qualitative and bibliographical approach, with the help of doctrine, laws, dissertations, reports, and decisions of specific cases in the country on the issue. We concluded that the objective liability of financial organizations is applicable when blocking mechanisms fail to operate and when they fail to fulfill their duty of security. In this area, despite advances in regulations, there is still a need for greater rigor in consumer protection with the adoption of stricter decisions for defendants.