As fraudes bancárias e a responsabilidade civil das instituições financeiras

Abstract

Civil liability has become an increasingly relevant and ever-evolving issue in the context of financial institutions and banking services as society becomes more dependent on these services. Technological advancement has provided greater access to online banking operations but has also significantly increased the number of banking frauds. This study addresses the issue of Civil Liability in the relationships between banks and clients, focusing on cases of banking fraud. Banks provide customers with cards and the opportunity to register personal and non-transferable passwords, enabling both in-person and online transactions. However, banking frauds have become a challenge, and the application of civil liability has become a crucial issue. The work proposes an analysis to determine which law should be applied in cases of civil liability, considering the aspects of banking frauds. The judicial decision should take into account whether the financial institution should be held accountable based on consumer protection laws, adopting an approach of objective civil liability, or if an exclusion of unlawfulness should be applied, considering the client's duty of care. The complexity of this context requires an individualized analysis to ensure that disputes related to banking frauds are resolved fairly and equitably. The study examines the legal challenges related to these cases, recognizing the need for a careful approach to determining civil liability in specific situations of banking frauds