No one denies that pixel it is a very good tool. Money drops instantly and it is possible to pay any bill; additionally, the fees charged are much lower than the fees charged for Available Electronic Transfer (TED) and Document of Credit (DOC). Indeed, the service was a “landmark” in Brazil, a technology developed by technology and 100% national. the central bank.
But not everything is colorful and there are several scams that have been active for years. From people simulating kidnappings and making phone calls demanding ransom, to people pretending to be police officers or lawyers asking for money to free someone who may have been involved. The most common today is the WhatsApp scam, where they use a photo, get the contact list and start asking money from the victim’s acquaintances.
It was not possible to transact at night (when most of these scams happen) you had to wait until 6am so there was time to contact the person and try to discover the scam. As TED and DOC were not processed immediately, they could be canceled if they were not completed. Now, no with Pix.
Once the pix is made, it is not possible to “undo” the action as it is instant. There is no way to cancel the transfer, as this would make transactions extremely unsafe and I’m pretty sure that in practice no one would agree to receive a payment knowing that it could be canceled at any time.
pix scam, WhatsApp or any similar offense is an offense provided for in paragraph 2-A of art of the Criminal Code. 171 as electronic fraud is punished with imprisonment from 4 to 8 years and a penalty which can be increased by one third to two thirds if the result is serious or if it is committed against the elderly.
There are many ways to make it harder to track down these people so they don’t get arrested, but the big problem is that the money has to go somewhere; Any account from which the criminal can withdraw money or pay chips, in short, uses money. And that’s where the “oranges” come in, those who “borrow” bills to get money with a promise to keep a percentage of that money – on average from 5% to 10%.
This is one of the simplest ways to hide the true identity of the person receiving the proceeds of crime, as it is very common for people to open accounts just to receive these amounts, but they do not even know who will actually receive it. Those involved don’t care about the consequences because they believe nothing will happen, but when it does…
Many people explain that they didn’t know the account would be used to commit crimes, and they only responded to a request for money because their acquaintance’s account was blocked or their name was dirty. Others claim that they did not know that such use was a crime. Art. 21 of the Penal Code says that no one can say that they know the law as an excuse for not respecting it.
But what about the penalty for lending the account? Can the person be arrested? Maybe yes! According to art. According to article 29 of the Penal Code, this is the so-called “human competition” in which the account holder allows the crime to be committed, because without the account taking the values, there is no possibility for the scammer to execute the coup. ; then the penalty is the same from 4 to 8 years, with the probability of increasing from one-third to two-thirds. It is at the discretion of the judge whether the participation is insignificant and whether the penalty is reduced from one-sixth to one-third, or whether the penalty is aggravated by taking a part of the value. Art IV. as stated in the article. 62.
This crime is not the same when someone hacks into a checking account or uses someone else’s smartphone or computer to access the bank and steal money. In this case, it constitutes the offense of qualified theft provided for in paragraph 4-B of Art. Penal Code No. 1554, the penalty of which can be increased from one third to two thirds.
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Rofis Elias Filho’s photo.columnist TecMundo, a geek and lawyer who has been passionate about technology since he was little. In 1994, he had his home internet on the street for the first time and specialized in Computer Law in Brazil and Portugal. Today, he is a professor of the same subject at various institutions as the executive coordinator of the postgraduate course at ESA/SP. He is a partner of Elias Filho Advogados, who works for various technology companies in Brazil and abroad. For more tips, follow social media: @eliasfilhoadv.
Source: Tec Mundo
