FRAUDES E GOLPES MEDIANTE O USO DO PIX: DELIMITAÇÃO DA RESPONSABILIDADE CIVIL DAS INSTITUIÇÕES FINANCEIRAS PELOS DANOS CAUSADOS AOS CONSUMIDORES

Abstract

The present work deals with the civil liability of financial institutions regarding the damage suffered by consumers as a result of fraud and financial scams using Pix as a tool. It aims to present the outline of this civil liability in order to answer the following question: what is the limit of civil liability of financial institutions for damages caused by fraud and scams carried out against consumers through the use of Pix? The development of the research is justified because it deals with a topic of great social relevance due to the massive use of Pix by consumers and the increasing occurrence of fraud and scams that use the aforementioned system as an instrument. For its implementation, the deductive method of approach and documentary and bibliographical research techniques were used. It is concluded that in cases where fraud is characterized, the consumer's right to be indemnified by the financial institution will be guaranteed, since, in these cases, failure in the security duty is evidenced and the consequent objective civil liability, based on the risk of activity developed by the financial institution. In cases of coup, liability only occurs when the financial institution fails in security, characterized by the admission of financial transactions outside the client's normal transaction profile, failure to carry out precautionary blocking of funds, failure to implement the special mechanism (MED) and also when the victim demonstrates some hyper vulnerability, such as being elderly or illiterate.