Rusconi & Sauza, acting on behalf of an individual and a legal entity, secured a ruling that ordered the unblocking of their clients' bank accounts through a commercial oral trial against several banking institutions. The legal action originated after these institutions, following a protocol from the Multilateral Agreement for the Prevention of Presumed Offenses through Electronic Transfers, proceeded to block the clients’ bank accounts. The alleged reason for this blockade was the existence of electronic transfers that were supposedly not recognized by their issuer. However, this blockade was carried out based on assumptions without concrete evidence.
During the development of the commercial oral trial, the judge assessed the circumstances and determined that the banking institutions did not have a solid legal basis to carry out the blocking of the clients' accounts. Consequently, the sentence ordered the banks to unblock the financial resources and pay legal interest at an annual rate of 6% on the retained sums.
This ruling underscores the need for banking institutions to exercise their security protocols and fraud prevention based on evidence and clear legal grounds, avoiding actions that improperly affect users of the financial system.
