Fraude bancária: um estudo sobre a responsabilidade objetiva à luz do direito do consumidor

Abstract

This study aims to analyze the strict liability of financial institutions in light of the increasing number of bank fraud cases, based on the Brazilian Consumer Protection Code and the case law established by the Superior Court of Justice, particularly through Precedents 297 and 479. The research adopts a qualitative and deductive approach, grounded in bibliographic, documentary, and jurisprudential review, with an emphasis on decisions involving the concept of contributory negligence by consumers. Specifically, the study aims to: (i) identify the main types of banking fraud currently practiced in Brazil; (ii) understand how strict liability is applied in consumer-bank relations under Brazilian law; and (iii) examine judicial decisions regarding the liability of financial institutions, particularly in cases involving consumer fault. The first part outlines the current scenario of digital banking fraud in Brazil, emphasizing the most common schemes. The second part discusses the legal framework of civil liability in consumer relations. Finally, judicial decisions are analyzed to explore the challenges of balancing consumer protection with the duty of care. The findings indicate that although strict liability is generally applicable to banks, the consumer’s conduct may influence the determination of compensation. The study also highlights the need for continued investment in digital security, financial education, and stronger public policies for consumer protection.