Understand challenges and legal implications in using Pix in cases of fraud and transaction errors

With more than 150 million registered users, Pix has consolidated itself as one of the main means of payment in Brazil. Data from the Getulio Vargas Foundation (FGV) indicate 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 the PIX was the most used payment method in Brazil in 202463.8 Billion transactions, a growth of 52% 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 fraud, scams and transaction errors. This scenario raises urgent discussions about the legal responsibility involved in these cases, both by financial institutions and by users themselves.

According to lawyer of the law firm Bosque & lawyers Karina Gutierrez, the increase in cases of scams involving the Pix requires a thorough analysis of the legal framework.“O Pix is an unprecedented technological advance, but its speed and ease of use have also opened loopholes exploited by criminals. In cases of fraud, it is essential to assess whether there was a failure in the provision of the service by the financial institution, which can generate objective responsibility”, he explains.

From a legal point of view, the Consumer Protection Code (CDC) is often applied in these cases, especially when it comes to relationships between customers and financial institutions.In situations of transaction error, such as transfers to wrong accounts, or fraud by social engineering, courts have analyzed the conduct of banks regarding the prevention, detection and response to occurrences.

“In many recent trials, the court has understood that when the bank does not demonstrate to have adopted adequate security and prevention measures, it can be held responsible for the losses suffered by the customer”, says Karina

In addition, Central Bank Resolution 4,893/2021 establishes security guidelines that Pix participating institutions must follow, including the possibility of precautionary blocking of amounts in suspicious cases. However, there are still gaps regarding the standardization of practices and accountability in increasingly sophisticated frauds.

In the tax field, the massive use of Pix has also attracted the attention of the IRS, with discussions on the traceability of operations and their tax impacts, especially for small entrepreneurs and self-employed.Faced with this, experts warn of the need for more financial and digital education for users, in addition to the constant improvement of regulatory standards and security systems.

“A responsibility is shared, but it is up to the financial system to ensure effective means of protection and recovery of values in cases of fraud. The consumer, in turn, must be aware of good practices and signs of a coup. This balance is essential for trust in the” system, concludes the lawyer.

With the continuous growth of Pix, the debate on legal responsibility becomes essential to protect the rights of consumers and ensure the integrity of the Brazilian financial ecosystem. Therefore, it is essential that financial institutions, technology companies and the government act collaboratively in creating more robust security mechanisms, in educating users and in implementing clear standards for accountability in cases of fraud. Only with an integrated approach will it be possible to consolidate Pix as a safe, efficient and reliable tool for all Brazilians.