A charge of thousands of reais on the card machine, a taxi that charged a different amount, a Pix transfer made under pressure: scams against tourists in Brazil follow known patterns. Besides reporting it to the police, there may be a civil route to get the money back, depending on who took part in the transaction.
What to do right away
- Call your card issuer and dispute the charge as soon as possible. This is done in your country, under your bank's rules.
- File a police report. In the city of Rio de Janeiro, the City Hall's guidance for foreign tourists is to go to DEAT, the special police station for tourist assistance, in Leblon.
- Keep everything: receipts, app screenshots, the taxi's licence plate, photos of the place and names.
- If you paid by Pix from a Brazilian account, tell your bank immediately and ask for a refund through the Central Bank's Special Refund Mechanism (MED).
The criminal side and the civil side
Investigating the crime is the police's job. My work is on the civil side: identifying who the money, and possible compensation, can be claimed from.
Who may have to give the money back?
- A Brazilian bank: if the transaction went through an account or card of a Brazilian bank, the bank is strictly liable for fraud and crimes by third parties connected with its operations (Precedent 479 of the Superior Court of Justice), unless the victim was solely at fault.
- A ride-hailing app: if the ride was booked through an app, the platform is a service supplier and may be liable for failures in its service (arts. 14 and 34 of the Consumer Protection Code). Each case depends on how the scam happened.
- The business that charged you: if the abusive charge was made at an identified establishment, the claim can be directed at it.
If the card was issued by a bank in your country, the main route is usually disputing the charge with that bank. A claim in Brazil is assessed against whoever operates here.
How to claim from home
You do not need to stay in Brazil: the power of attorney is signed by hand and sent scanned, and the lawyer represents you in the proceedings.
Costs. Going to court in Brazil is not free: there are court fees when the case is filed, the lawyer's fees and, if the case is lost, the other side's attorney fees. People who live outside Brazil may also have to post a security deposit. Everything is explained before you decide: see Claiming in Brazil while living abroad.
Frequently asked questions
Where do I report a scam as a tourist in Rio de Janeiro?
The Rio de Janeiro City Hall's guidance for foreign tourists is to go to DEAT, the special police station for tourist assistance, in Leblon.
Does the bank have to return the money lost in a scam?
If the transaction went through a Brazilian bank, the bank is strictly liable for third-party fraud connected with its operations (Precedent 479 of the Superior Court of Justice), unless the victim was solely at fault. If your card is from your own country, the usual route is to dispute the charge with your bank.
