Chinese (Simplified) 
Chinese (Traditional) 
English 
French 
Alemão 
Italian 
Japanese 
Norwegian 
Spanish 
4 min read
8 comments
An operational error can turn an ordinary citizen into a millionaire overnight. Understand the serious legal consequences and ethical dilemmas when a bank makes a mistake and deposits a fortune into the wrong account, based on real cases that had completely different outcomes.
Receiving a deposit notification with multiple zeros is the dream of many, but when the origin of the money is a mistake by the financial institution, the situation can quickly turn into a legal nightmareWhat does Brazilian law say about this? Spending the amount is a crime, and refusal to return can lead to years in prison, showing that a moment's decision defines destinies.
The central question is not only what to do, but also the implications of each choice. While one housewife opted for an immediate return, according to the Record Goiás channel, a businessman tried to take advantage of the situation and now... faces criminal proceedings. These practical examples illustrate the chasm that exists between honesty and crime. misappropriation.
The scare and the honesty: the case of the housewife
Imagine the surprise of Leicimar, a housewife and mother of triplets, when she consulted the bank's app and came across a balance of more than R$ 2 millionAfter the initial shock, her first reaction was not euphoria, but concern. She knew the money wasn't hers and that something had gone wrong. Even facing financial difficulties, her decision was instant: contact the agency and return every penny.
-
Income tax exemption in 2026 will boost the 13th-month salary and increase the income of Brazilians.
-
Amazon joins forces with Nubank to dethrone rivals in e-commerce and threatens the dominance of Mercado Libre and Shopee with exclusive credit via NuPay.
-
Central Bank keeps Selic rate at 15% and leaves door open for another interest rate hike.
-
INSS (Brazilian National Social Security Institute) gives retirees until November 20th to complete biometric registration to avoid the suspension of retirement, pension, and BPC (Continuous Benefit Payment) payments.
"It happened on Saturday morning. On Monday, as soon as the cash register opened around noon, I was there," Leicimar reported. Her attitude reflects a strong moral conviction. "A movie came on at the time, and I said, 'No, it's not mine, I can't do anything about it.'" The money remained in her account for only three days, and by the end of the day she went to the bank, the refund had already been made. For her, the greatest value was the example she would set for her daughters: “It’s better to say ‘let’s continue living the way we are, with what we have’.”
Temptation and consequences: the businessman from Goiânia
In a completely opposite case, a businessman from Goiânia suffered a very different fate after a similar banking error. Guilherme Moreira, owner of a luxury restaurant, received R$18 million by mistake. Instead of contacting the bank, he made 65 transfers for accounts of his father, his company and suppliers. In addition, bought a luxury car valued at more than R$200.
The financial institution wasted no time in taking action. It filed a police report, and the court ordered the immediate seizure of the vehicle. According to the Civil Police, there is clear evidence that Guilherme attempted to take advantage of the error. As a result, he was indicted for crimes that, combined, can result in up to 11 years in prisonHis lawyer claims that there was an attempt to reach an agreement with the bank, but the businessman is now facing a lawsuit for embezzlement.
Bank makes a mistake: whose fault is it and what does the law say?
When one bank makes a mistake an transfer, the primary responsibility for the failure lies with the institution. However, Brazilian law is clear: whoever receives and uses money that they know is not theirs commits the crime of appropriation of something obtained by mistake, case or force majeure, provided for in article 169 of the Penal Code. The penalty may range from one month to one year of imprisonment, or a fine, but may be increased depending on the circumstances.
Legal advice is unanimous: upon noticing an unexpected deposit, the customer must immediately notify the bank and do not carry out any transactions with the amountIgnoring the fact or spending the money constitutes bad faith and transforms a third-party operational error into a crime committed by the account holder. Voluntary repayment, as Leicimar did, eliminates any possibility of punishment and reinforces expected ethical conduct.
What would you do if a fortune appeared in your account by mistake? Was the housewife's attitude the right one, or did the businessman have the right to try to negotiate? Leave your opinion in the comments; we'd love to hear how you would react!
I would return it, but I would retain the fair amount, 5% in accordance with the Civil Code art.1234.
Those who know the law won't lose out. Consult a lawyer.
I fully agree with refunding a bank error.
Now when they take away from you amounts that in the future you would have benefited from and a retirement.
This was the case with the INSS, which kept taxpayers' deposits until 1994 and made calculations for retirement from 1994 onwards, and what was left behind.
This is also a robbery, and it was many millions. The working people were blatantly robbed.
And will it stay that way? Where is the punishment for this case?
The review of your whole life is a soap opera.
The case was declared a win and where is the people's money, they are just stalling
Justice must be for everyone.
I declare this amount to the federal revenue service because I suspect money laundering or fleeing from some flatulence situation, then distribute the money to any account.