CIVIL LIABILITY OF FINANCIAL INSTITUTIONS: ANALYSIS OF FRAUD COMMITTED IN BANKING APPLICATIONS AFTER THEFT OR ROBBERY

Abstract

This article examines the civil liability of financial institutions in cases of fraud occurring in banking applications after the theft or loss of mobile devices. With the exponential growth of mobile banking in Brazil, there has been a significant increase in the number of frauds, especially when criminals access bank accounts without the customer's knowledge of the password. The study adopts a bibliographic research methodology, examining doctrines from renowned jurists, jurisprudence, as well as relevant legislation, such as the Consumer Protection Code (CDC). The analysis focuses on subjective and objective civil liability, highlighting that financial institutions, as service providers, are objectively responsible for any security failures that allow the occurrence of fraud. It is concluded that, even in cases of exclusive fault of third parties, financial institutions may be held liable for not ensuring the adequate security of banking applications, as provided for in the CDC.