On Thursday (3), Banco Itaú began to experience problems with statements and payments. In this sense, bank users reported that there were amounts in their accounts that exceeded the normal and amounts that were below what they really should be.
The bank's application was down during the afternoon in an attempt to restructure the database in order to solve the problem in question. The biggest problem is that people who had extra money in their account spent it believing that that amount was theirs — which could actually cause some problems for these users.
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According to the specialist in digital law at Assis e Mendes Advogados, Adriano Mendes, “Brazilian law says that we cannot use what is not ours. This can be both a criminal and a civil matter.” For lawyer Carolina Carvalho de Oliveira, from Campos & Antonioli Advogados Associados, her point of view is the same as Mendes'.
The lawyer points out that “whoever misused the money that entered, by mistake, in the bank account, may be criminally liable for the crime of appropriating a thing due to error, acts of God or force of nature, provided for in Art. 169”. The article referred to by the lawyer provides imprisonment from one month to one year or a fine.
Evidently, Itaú managed to regularize its database. After the correction, some customers who had spent amounts that were not theirs had negative bank accounts. According to Mendes, Itaú can collect these debts generated by a pre-approved credit, as with an overdraft.
However, debts that exceed this amount, the company will need to go to court to collect them. The specialist in fintechs and means of payment at Cescon Barrieu Advogados, Alexandre Vargas, explains that when the customer's credit is against the bank, the bank owes to the user, but when the customer is negative, it is he who owes to the bank. In this way, whoever spent the money that was not theirs will have to return that amount to Itaú, which can go to court to get that money.
However, even if this mistake does not end in prison, it can have other consequences. Mendes says that only money is not yours, do not use it. Wait a day or two for the balance to settle. If not, open a claim to return it, because that is correct and ethical”. In addition, we cannot forget the people who woke up with their negative balances due to bank error.
In this case, Mendes says that “the bank will be responsible for reimbursing the amounts and indemnifying for the damage caused”, that is, the lawyer strongly recommends that users who have experienced this issue contact their bank and their account manager by written. This procedure ensures the customer to substantiate his complaint and if he suffers from other damages, a claim for compensation for moral damages could be substantiated.
Geographer and pseudo writer (or otherwise), I'm 23 years old, from Rio Grande do Sul, lover of the seventh art and everything that involves communication.
