With over 150 million registered users, Pix has established itself as one of the main payment methods in Brazil. Data from Fundação Getulio Vargas (FGV) indicates that in 2024, 63% of Brazilians used Pix at least once a month, with an average of 32 transactions per month per user. Another study conducted by the Brazilian Federation of Banks (Febraban) showed thatPIX was the most used payment method in Brazil in 2024., with 63.8 billion transactions, a 52% growth compared to 41.9 billion in 2023, which reinforces the success of the payment method among the Brazilian population.
However, the popularization of the system developed by the Central Bank also brought to light a significant increase in frauds, scams, and transaction errors. 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 Bosquê & Lawyers, Karina Gutierrez, the increase in cases of scams involving Pix requires a thorough analysis of the legal framework. "Pix is an unprecedented technological advancement, but its speed and ease of use have also opened gaps exploited by criminals. In cases of fraud, it is essential to assess whether there was a failure in the service provided by the financial institution, which can result in strict liability," he explains.
From a legal perspective, the Consumer Defense Code (CDC) is often applied in these cases, especially when it comes to relationships between clients and financial institutions. In cases of transaction errors, such as transfers to incorrect accounts, or social engineering frauds, courts have been analyzing banks' conduct regarding prevention, detection, and response to incidents.
"In many recent rulings, the courts have understood that when the bank does not demonstrate that it has adopted adequate security and prevention measures, it can be held responsible for the damages suffered by the customer," says Karina.
Furthermore, Central Bank Resolution No. 4,893/2021 establishes security guidelines that participating Pix 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 accountability in increasingly sophisticated frauds.
In the tax field, the widespread use of Pix has also attracted the attention of the Federal Revenue Service, with discussions about the traceability of transactions and their fiscal impacts, especially for small entrepreneurs and self-employed individuals. Therefore, experts warn of the need for more financial and digital education for users, as well as the continuous improvement of regulatory standards and security systems.
"Responsibility is shared, but it is up to the financial system to ensure effective means of protection and recovery of funds in cases of fraud. The consumer, in turn, must be attentive to good practices and signs of scams. This balance is essential for trust in the system," concludes the lawyer.
With the continuous growth of Pix, the debate over legal responsibility becomes essential to protect consumers' rights and ensure the integrity of the Brazilian financial ecosystem. Therefore, it is essential that financial institutions, technology companies, and the public authorities work collaboratively to create more robust security mechanisms, educate users, and implement clear regulations for accountability in cases of fraud. Only with an integrated approach will it be possible to establish Pix as a safe, efficient, and reliable tool for all Brazilians.
