Prevention of Digital Fraud and Scams in Electronic Payment Methods: legal-regulatory mechanisms and consumer protection in the National Financial System

Abstract

This article analyzes the legal-regulatory framework for the prevention of digital fraud and scams within the National Financial System (SFN), with emphasis on electronic payment methods, notably Pix. The objective is to evaluate the effectiveness of governance and cybersecurity mechanisms established by the Banco Central do Brasil (BCB) and the National Monetary Council (CMN) regarding financial consumer protection. The methodology adopts a normative analysis of recent resolutions, such as Joint Resolution No. 6/2023 and updates to the Pix Regulation concerning the Special Return Mechanism (MED), combined with the jurisprudence of the Superior Court of Justice (STJ) and rulings of the Federal Court of Accounts (TCU). The results reveal a regulatory evolution based on the mandatory sharing of fraud data and the strict liability of service providers for security failures or social engineering. It is concluded that there is a need to reinforce real-time monitoring and detection technologies, shifting the fraud risk from the vulnerable consumer to the institutions, in line with Law No. 15.252/2025 and financial citizenship principles.