Nubank: Can anyone taking advantage of the bug and withdrawing ‘free’ money be arrested?

Brazilian bank Nubank experienced an unusual situation in the early hours of last Friday (08). Due to a malfunction that has not yet been officially announced, customers were able to withdraw money using ATMs that are open 24 hours a day, without paying any fees and without having a balance in their accounts.

The bug report went viral and There were numerous reports and posts on social networks showing people looting has high values. Some ATMs even recorded queues at midnight.

Nubank reportedly had flaws in the system that allows withdrawals in the credit function even if there is no limit.
The damage can be extensive, and many vehicles are trying to contain the damage at dozens of cash points 24 hours a day.#nubank pic.twitter.com/Ckrgfg6dUO

— Diante dos Olhos (@DianteDosOlhos) November 8, 2024

By the morning of the next day, the problem had already been resolved. In the official note sent TecMundoNubank confirms “an early morning swing” Temporarily affected withdrawal availability“ and operations”already normalized“.

So what happens now that people have withdrawn and possibly even spent this unsuccessfully acquired money?

Is it a crime to withdraw money after a mistake?

According to Beatriz Alaia Colin, a lawyer specializing in Economic Criminal Law, exploitation of a defect similar to the one recorded by Nubank can be classified as the crime of theftAs stipulated in Article 155 of the Criminal Code, predicts how it will be imprisonment from one to four years.

Despite, This does not mean that customers who make withdrawals can be arrested.. Beatriz, in such cases “non-criminal prosecution agreement“is offered to consumers.

In practice, this means that customers can avoid prosecution and eventual conviction, possibly before the Public Prosecutor’s Office and through the return of withdrawn amounts.

account owner”be subject to payment and charges for withdrawn amounts.Otherwise, undue advantage and illicit enrichment will result,” explains corporate law lawyer Miguel Pereira Neto.

According to Neto, this stage of evaluating criminal consequences It should only take place after investigating the reasons and actions of the bank in question. doubts.

@jessica.andradi

? original audio – Jessica Andrade

Advocacy content creator Jéssica Andrade responded to a comment on the subject on TikTok. The follower claims that he and his girlfriend withdrew tens of thousands of reais by mistake.

According to him, the application can be framed as follows:ban on unjust enrichment” — in other words, if you make money at the expense of a person and for no reason, you must compensate the source for the damage. Referring to a previous case, Jéssica confirms: It is possible for the bank to track the transactions and request a refund from the customer before legal action.

In this situation, ideally people who withdraw money for “free” and regardless of the limit on the accounts Do not spend the amount to avoid loss, If requested back by the institution.

other side

THE TecMundo He contacted Nubank to find out more details about the story. The report questioned the source of the failure, whether people who took advantage of the problem would be prosecuted, and what measures had already been taken.

However, until the publication of this article, the bank had not yet commented on the issue. The text will be updated if Nubank returns with a position.