Responsabilidade civil das credenciadoras pelo risco da atividade: a prevenção de danos pelo chargeback

• Autor(a) principal: Santos, Thiago do Amaral
• Data de Publicação: 2024
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/42212
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Cartão de crédito; Credenciadora; Responsabilidade civil pelo risco da atividade; Prevenção de danos; Chargeback; Credit card; Acquirer; Civil liability for the risk of the activity; Damage prevention

The purpose of this thesis is to investigate the civil liability of acquirers for the risk of the activity, due to the application of chargebacks, i.e. whether they are allowed to stop transferring funds to the merchants that have contracted their services, if fraud is found in card transactions. To this end, it looks at card activity, specifically when it is organized as an open payment arrangement that is part of the Brazilian Payment System, in which payment institutions that issue credit cards and acquirer. The research addresses the legal and operational aspects of the activity, according to current legislation and regulations in effect in Brazil, as well as analyzing the contractual instruments used by the agents participating in the activity, with the aim of ascertaining the clauses used to allocate risks and in the chargeback procedure. The study then investigates objective civil liability for the risk of the activity, as provided for in article 927, sole paragraph, of the Brazilian Civil Code, with a special focus on the theory of risk and the main principles and criteria used by the Brazilian doctrine to interpret and apply liability. Through case law research, it identifies the main grounds used in relation to the liability of acquirers. It then discusses the functions of civil liability, with the aim of demonstrating that, by using the procedure resulting from the chargeback, acquirers can fulfill the purposes propagated by the preventive function. This thesis concludes that the chargeback is an efficient procedure for preventing damage that can be caused to users of payment services (cardholders and merchants) as a result of fraud practiced by the users themselves or third parties when carrying out card transactions