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The decision recognizes that the use of a card, password and biometrics proves the customer's authorization and confirms the legality of the payroll loan.
The Justice of Piauí validated a payroll loan made at an ATM, understanding that the use of the card, personal password and biometrics are sufficient to prove the contractor's expression of will. According to the portal Crumbs, the case involved a consumer who claimed not to have authorized the transaction and sought to cancel the contract, obtain a refund of the discounted amounts and compensation for moral damages.
The judge Ermano Chaves Portela Martins, of the Special Civil Court of Pedro II (PI), dismissed the claim, considering that the operation was formalized in a regular and safe manner, without any indication of fraud or defect of consent. The magistrate highlighted that the elements presented by the financial institution prove the authenticity of the contract.
Hiring made with digital security
In the action, the financial institution argued that the payroll loan was carried out directly by the client in an electronic terminal, using card, personal password and biometric authentication. Furthermore, the credit amount was effectively deposited into the contractor's account, which reinforces the legitimacy of the operation.
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For the judge, the documents presented as proof of operation, electronic registration and biometric authentication demonstrate the valid manifestation of will. He stressed that current business relationships increasingly take place in a digital environmentWhere technological mechanisms replace physical paper as a means of proof.
Justification of the decision
In the sentence, the judge stated that the absence of paper does not invalidate the contract, as long as there are digital records capable of proving the identity of the contractor and the completion of the transaction.
"There are countless business relationships established on a daily basis without even using a sheet of paper.
There are also numerous digital security mechanisms that allow us to verify the legality and validity of transactions.” he observed.
Based on this understanding, the judge concluded that there was a valid manifestation of will in the conclusion of the contract and that there was no evidence of fraud, deceit or simulation.
Thus, the validity of the contract was maintained and any nullity or obligation to compensate was removed.
Impacts of the decision and applicable case law
The understanding reinforces the tendency of Brazilian justice recognizes the validity of contracts signed by electronic means, especially when there is biometric authentication and use of personal passwords.
These elements become sufficient evidence of the consumer's will, as long as there is no evidence of manipulation or misuse of data.
For experts, the decision consolidates a relevant precedent in cases of payroll loan carried out digitally, as attributes presumption of legitimacy to transactions with biometric authentication.
At the same time, reinforces the responsibility of financial institutions in ensuring robust security systems and traceability of operations.
The specific case and the limits of the challenge
In the process, the author did not present evidence of fraud or coercion that could invalidate the contract.
The judge highlighted that it is not enough to claim ignorance of the contract, being necessary demonstrate concrete evidence of irregularity.
Furthermore, the judge highlighted that the deposit of the loan amount into the consumer's own account is a strong indication that the operation was authorized by her.
Therefore, the request to cancel the contract was denied, as were the orders de restitution and compensation for moral damages.
You agree that the use of biometrics and electronic card is sufficient to validate a payroll loanOr do you believe these systems still leave loopholes for scams and fraud? Leave your opinion in the comments. We want to hear from anyone who has experienced similar situations in the digital banking system.
Your Excellency is absolutely correct.
She should be fined for fraud
From the moment it was deposited into the account and the withdrawal was made, there was no more complaint. I had a loan placed on my account once. I notified the bank immediately. I had to renew all my information and create new passwords and not touch the amount until the loan was canceled. After that, I started paying for insurance on the account to have peace of mind.
The government is responsible for the needy people who take out bank loans because they need them, so the federal government is responsible for the need of those who needed a payroll loan. Those who did so should be heard by the government's social services department, and the government should shoulder its responsibilities instead of demanding from the people what it, the government, doesn't demand from itself.