Responsabilidade civil das instituições financeiras em operações bancárias realizadas por meio de aparelhos celulares furtados: uma análise do caso "Bruno de Paula"

Abstract

The use of online banking services has significantly increased in recent years, as a result, there has also been a significant rise in banking fraud incidents occurring through internet and mobile banking. One of the victims of banking fraud using Mobile Banking was Bruno de Paula, who had various unauthorized banking transactions conducted by a third party after his mobile phone was stolen. In this context, the present study analyzed the civil liability of financial institutions regarding the case presented, employing a deductive method based on a bibliographical, jurisprudential, and journalistic research. This, by adhering to the principles of consumer protection, this research concludes that banks are responsible for the banking frauds that occur, considering the lack of security in their applications both before and after being aware of the theft, which enabled third-party actions. Therefore, the reimbursement of funds to the consumer is warranted due to the existence of a service defect.