A responsabilidade civil das instituições bancárias em face de fraudes ocorridas no sistema de pagamentos instantâneos (“PIX”)

• Autor(a) principal: Vargas, Kathleen Lasso
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40264
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Responsabilidade; Civil; “PIX”; Bancos; Consumidores; Liability; Civil; "PIX"; Banks; Consumers

The present project aims to approach the evolution of civil liability in relation to banking institutions, inquiring into the technological advances present in contemporary society. To do so, it will make a practical analysis of the concepts tangential to the theme of civil liability, of the banking institutions and of the new methods of instant payments, whose recent legislation to the legal system has brought uncertainties to the users of these institutions. It intends to research the importance of attributing to financial institutions the civil responsibilities arising from the use of their services, specifically as this is governed by the Consumer Defense Code. To conclude such provision, it will go through the initial institutes of Civil Law, such as civil life, the characteristics of consumer relations and civil liability in its general aspect. It aims to clarify, given the general conceptualization of the institutes that permeate the project, that the technological advances witnessed in the 21st century should influence the legal interpretation regarding the civil liability of banking institutions, especially after the development of the instant payment system, popularly known as "PIX". The present project, entitled "the civil liability of banking institutions in the face of fraud in the instant payment system", intends to verify the extent of the heterodox interpretation given to the current legislation on the liability of banking institutions, in addition to seeking the protection of consumers' rights given the evolution of fiduciary entities and the services provided by them. In this sense, it aims to use new precedents signed by the Courts of Justice and the Superior Courts to highlight the species of civil liability in face of financial institutions, considering the necessary interpretative changes, in face of the historical and legal changes in current times, permeated by the principles of civil life and consumer rights