A responsabilização civil das instituições bancárias pelos golpes envolvendo o pix: uma análise jurídico-consumerista

Abstract

The establishment of Pix as an alternative payment method has met the needs of contemporary society. However, as an irrevocable payment arrangement, it presents significant challenges in terms of security and consumer protection. This context encouraged the production of this research, whose main objective was to analyze the responsibility of banking institutions in cases of fraud committed via Pix, especially in situations where the Special Return Mechanism was ineffective in recovering the amounts sent to the account indicated by the scammer, leaving the bank customer, the victim of the scam, at a loss. To carry out this research, the hypothetical deductive method was used, based on bibliographic research. Specifically, the objectives were: to examine the regulations and guidelines established by the Central Bank of Brazil and other authorities for the operation of the Pix payment system, as well as to study how banking institutions handle complaints and fraud incidents involving Pix, including the specific case of Nubank, and to analyze the application of Precedent No. 479 of the Superior Court of Justice in these contexts. By analyzing the effectiveness of consumer protection measures implemented by banking institutions, the research found that banks resist complying with Brazilian legislation that provides for the protection of Pix system users, even by analogy. It was concluded that banking institutions should bear the responsibility for refunding the amounts lost by their clients who fall victim to Pix scams, based on consumer vulnerability and the profit that institutions obtain from providing banking services. The research faced challenges in obtaining easily accessible and non-technical reading information, as well as the difficulty in finding impartial and truthful information, which made the process more challenging.