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Error Receiving Transfer Via Pix Can Be Expensive and Turn Into Legal Process. A Recent Case Shows the Legal Consequences of Retaining Incorrect Values, Even Small Ones, and Emphasizes the Caution Users Should Have With the System.
A man was sentenced to pay fine of R$ 1,035 after refusing to return R$ 115 received via Pix by mistake.
The court ruling, issued in Benavente, Spain, also ordered the return of the original amount and the payment of legal fees.
According to information from the newspaper La Opinión de Zamora, the case was classified as embezzlement.
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Conduct Considered Willful
According to the court, the defendant was fully aware that the amount did not belong to him. Even after a formal request from the sender, he took no steps to return the money.
The court understood that there was bad faith, as the retention of the money occurred even with knowledge of the mistake.
In his defense, the accused claimed lack of evidence and invoked the presumption of innocence. The appeal was denied.
The court concluded that the adopted behavior characterized intent, meaning a deliberate intention to wrongfully appropriate the transferred amount.
Brazilian Legislation Provides Penalty
In Brazil, Article 169 of the Penal Code defines the appropriation of amounts received by mistake as a crime. The penalty provided is one month to one year of detention or fine.
The legislation also provides aggravating factors when the act compromises the rights of third parties or demonstrates resistance to restitution.
From a civil standpoint, the Civil Code establishes in Articles 876 and 884 the obligation to return amounts received improperly.
Retention characterizes unjust enrichment and requires return with monetary updates and legal interest.
Popularization of Pix and Increase in Errors
Since its launch in November 2020, Pix has consolidated as the main means of transfer in Brazil.
Operating 24 hours a day, the system surpassed credit cards in 2024, with over 40 billion transactions carried out that year.
In January 2025, there were reported over 324,000 occurrences of mistaken transfers or suspected fraud.
The monthly average in 2024 was around 390,000 notifications, according to the Central Bank.
Errors Can Result in Legal Sanctions
Even low amounts, such as the R$ 115 in the case judged in Spain, can result in civil and criminal penalties.
In Brazil, there are court decisions in which retaining Pix received by mistake led to a conviction for embezzlement.
The Brazilian courts have understood that inertia in the face of a known error represents bad faith and can constitute a crime.
The victim can file a lawsuit in the Special Civil Courts (small claims) to recover amounts up to 20 minimum wages. It is not mandatory to hire a lawyer for this type of process.
International Comparisons
In other countries, the responsibility for returns follows its own rules.
In Spain, a Supreme Court decision exempted the bank from responsibility for a €130,000 error, transferring the obligation of restitution to the recipient.
In the United States, platforms like Zelle advise that, upon receiving money by mistake, the user contact the bank and, if necessary, seek legal action. The recommendation is to report the occurrence and avoid misuse of the funds.
Correction and Guidance Tools
The Central Bank created the Special Return Mechanism (MED) to allow the reversal of amounts in cases of fraud or operational error.
The process can be initiated directly by the bank or by the recipient’s institution. Although it does not guarantee automatic recovery, the MED is an important tool.
The standard guidance is to contact the bank immediately upon identifying an error. It is also recommended to formally report the occurrence and gather proof of the transaction.
Digital Security and Responsibility
With the increase in Pix usage, the risks related to human errors and fraud also rise. Verifying the recipient’s data before confirming a transfer is essential.
Many users are unaware that keeping money transferred by mistake can constitute a crime, regardless of the amount.
Brazilian legislation offers mechanisms for reparations, but prevention is always the safest path.
What to Do If You Receive a Pix by Mistake?
- Do not move the received amount.
- Check the receipt and see if there is a contact from the sender.
- Notify the bank immediately via app or customer service.
- Request formal guidance and register the occurrence if necessary.
- Avoid trying to negotiate directly with strangers via messages.
- If the amount is not returned and there is a court notification, seek legal advice.
Would you know how to act if you received a Pix by mistake? Have you ever needed to resolve a similar situation?
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