Review of the book “A responsabilidade civil nas fraudes bancárias eletrônicas”, by Najua Samir Asad Ghani (2024)

Abstract

The book “Civil Liability in Electronic Banking Fraud: A Jurisprudential Analysis” aims primarily to examine how civil liability is applied to financial institutions in cases of electronic banking fraud occurring in digital environments. The research seeks to determine whether there is a consistent decision-making pattern in Brazilian courts—especially the Superior Court of Justice (STJ) and the Court of Justice of the Federal District and Territories (TJDFT)—regarding the liability of banks in such cases. If no such pattern exists, the study intends to understand how the courts have decided lawsuits involving digital fraud and what legal criteria have been adopted. Another central objective is to show how technological advancement and the widespread access to the internet have contributed to the intensification of electronic fraud. The study is limited to fraud occurring through non-presential channels and in situations where a breach of the bank’s duty of security can be attributed. The research also aims to compare how this issue is treated in the European Union, particularly with respect to legislation on security in digital financial transactions. It therefore examines the strategies adopted by the European bloc to ensure greater protection against fraud, with emphasis on the application of strong customer authentication as provided in the Revised Payment Services Directive (PSD2).