Brazil's STJ expands bank fraud restitution and tightens appeal relevance

Recent judicial developments in Brazil have improved the prospects for victims of bank fraud to recover lost funds. The Superior Tribunal de Justiça (STJ) has applied a stricter interpretation of its own jurisprudence, emphasizing that banks must demonstrate adequate security measures. As specialist Danilo Pardi noted, "A Justiça deixou de olhar apenas para a atuação do criminoso e passou a avaliar também se a instituição financeira cumpriu adequadamente seu dever de segurança." This shift, together with the enforcement of Sumula 479, has led to more frequent orders for banks to block and return fraudulent Pix transactions.

In a separate but related reform, a presidential sanction will introduce a relevance filter for special appeals to the STJ. The new rule requires petitioners to show that a dispute transcends the interests of the parties and affects the broader Brazilian population. Lawyer José Miguel Garcia Medina described the change as "uma mudança histórica" for the court. While the double‑degree of jurisdiction remains, many cases will stay with state or regional courts, a move expected to affect businesses and investors by allowing divergent interpretations of federal law when the STJ deems a matter insufficiently relevant.