THE ENGINEERING OF BANK SCAMS AND CONSUMER PROTECTION IN BRAZIL: A HISTORICAL, TECHNICAL AND JURISPRUDENTIAL ANALYSIS

Abstract

This scientific article proposes an in-depth analysis of the growing problem of bank scams in Brazil, examining the phenomenon from three crucial perspectives: the historical evolution of consumer protection, the technical and social engineering behind the frauds, and the response of the Judiciary, with a focus on the jurisprudence of the Court of Justice of Piauí (TJPI) and the Superior Courts. The study demonstrates that the digitalization of financial services, while beneficial, has intensified consumer vulnerability, requiring constant adaptation of the legal and regulatory framework. Analysis of the jurisprudence, notably STJ Ruling 479 (link for reference), reinforces the objective liability of financial institutions for internal eventualities, imposing upon them a duty of security and the obligation to compensate victims, even in cases involving social engineering. It is concluded that the effective fight against fraud requires a multifaceted approach, combining the technological improvement of banks, the financial and digital education of consumers, and the firm and protective action of the Judiciary.