With over 150 million registered users, Pix has established itself as one of the main payment methods in Brazil. Data from the Getulio Vargas Foundation (FGV) indicates that in 2024, 63% of Brazilians used Pix at least once a month, with an average of 32 monthly transactions per user. Another study conducted by the Brazilian Federation of Banks (Febraban) showed that the Pix was the most used payment method in Brazil in 2024, with 63.8 billion transactions, a 52% growth compared to the 41.9 billion in 2023, reinforcing the success of the payment method among the Brazilian population.
However, the popularization of the system developed by the Central Bank also brought a significant increase in frauds, scams, and transaction errors to light. This scenario raises urgent discussions about the legal responsibility involved in these cases, both on the part of financial institutions and the users themselves.
According to the lawyer from the Bosquê & advogados Karina Gutierrez, the increase in scams involving Pix requires a thorough analysis of the legal framework. “Pix is a technological breakthrough like no other, but its speed and ease of use have also opened up loopholes exploited by criminals. In cases of fraud, it is essential to assess whether there was a service failure by the financial institution, which can lead to strict liability,” she explains.
From a legal perspective, the Consumer Defense Code (CDC) is frequently applied in these cases, especially when it comes to relationships between clients and financial institutions. In situations of transaction errors, such as transfers to the wrong accounts, or frauds by social engineering, the courts have been analyzing the banks’ behavior regarding prevention, detection, and response to the occurrences.
“In many recent judgments, the Justice has understood that, when the bank fails to demonstrate having adopted adequate security and prevention measures, it can be held responsible for the losses suffered by the client,” says Karina
Moreover, Resolution No. 4,893/2021 of the Central Bank establishes security guidelines that Pix participant institutions must follow, including the possibility of precautionary blocking of funds in suspicious cases. However, there are still gaps regarding the standardization of practices and responsibility in increasingly sophisticated frauds.
In the tax field, the massive use of Pix has also attracted the attention of the Federal Revenue, with discussions on the traceability of operations and their fiscal impacts, especially for small entrepreneurs and freelancers. In view of this, experts warn about the need for more financial and digital education for users, as well as the continuous improvement of regulatory norms and security systems.
“The responsibility is shared, but it is up to the financial system to ensure effective means of protection and value recovery in cases of fraud. The consumer, in turn, must be vigilant of good practices and signs of scams. This balance is essential for confidence in the system,” concludes the lawyer.
With the continuous growth of Pix, the debate on legal responsibility becomes essential to protect consumer rights and ensure the integrity of the Brazilian financial ecosystem. Therefore, it is crucial that financial institutions, technology companies, and the government act collaboratively in creating more robust security mechanisms, educating users, and implementing clear rules for accountability in cases of fraud. Only through an integrated approach will it be possible to consolidate Pix as a safe, efficient, and reliable tool for all Brazilians.
