BANK LIABILITY AND CONSUMER PROTECTION IN THE FACE OF DIGITAL FRAUD AND UNAUTHORIZED ACCESS TO SENSITIVE DATA

Abstract

The purpose of this research is to analyze the civil liability of banks in Brazil, in the period from 2020 to 2025, in view of the significant increase in digital fraud and unauthorized access to sensitive consumer data. The study focuses on the application of the Consumer Protection Code, (governed by Law No. 8.078/1990) in cases of bank fraud that occurred by electronic means, especially through internet banking and mobile applications, and on how financial institutions have been held responsible, or not, by the Brazilian Judiciary. The spatial cut covers the jurisprudence of Brazilian Courts, with emphasis on the decisions of the state Courts of Justice and the Superior Court of Justice (STJ), whose performance is fundamental in the standardization of the interpretation of consumer law. The choice of the theme "The responsibility of banks and the protection of consumers in the face of digital fraud and unauthorized access to sensitive data" is justified by its social relevance and topicality, due to the growing digitalization of banking services and the significant increase in cybercrimes that directly affect consumer rights. Therefore, this research is of great importance not only for the legal field, but also for society in general, as it seeks solutions that ensure greater security in digital banking relationships and for the effective protection of consumers in the face of new forms of technological crime.