Faced with the resistance of Congress to pass a law that regulates the performance of cryptocurrency brokers, primarily digital currencies, Justice has given these companies similar treatment to banks in case of fraud.
The volume of shares filed by small investors who had their accounts at brokerages invaded and stolen by hackers grows in the same measure as the movement of resources by companies in this field.
BC projections indicate that crypto exchanges already account for ‘half-exchange’ in applications such as Bitcoin and Etherium.
Last year, the PF launched an operation against the so-called Bitcoin pharaoh, whose scheme moved around BRL 38 billion in a financial pyramid. Recently, an operation against the so-called Sheik of Bitcoins seized money and watches.
The courts understand, based on the Consumer Defense Code (CDC), that it is the duty of financial institutions to maintain a secure virtual environment for the operations carried out by their users. And they determine that they refund the damages.
In the most recent lawsuit, Binance, the world’s largest broker, was ordered to pay BRL 13,600 in compensation to a customer, in addition to BRL 2,000 in moral damages.
Judge Carlos Castilho Aguiar França, from the Third Civil Court of São Carlos, considered that the company had “objective responsibility” for the losses, based on the CDC, for “inefficiency or fragility of the security system in the service provided”.
In direct dealings with the investor, an unemployed person, Binance refused to pay for the fraud. He only regretted the damage and wished the police good luck. “We sincerely hope that the scammer is arrested soon and that the fund is recovered as soon as possible. Take care and stay safe,” wrote the company’s SAC. In court, the broker unsuccessfully attributed the blame for the invasion of the devices to the customer.
A bill that would increase enforcement over the cryptocurrency sector is ready to be voted on in the House, but it was halted due to elections and pressure from companies seeking to loosen the rules.
Julio Wiziack (interim) with Paulo Ricardo Martins and Diego Felix
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