STJ rules: Cryptocurrency exchanges are service providers subject to strict liability under the Consumer Defense Code

The Superior Court of Justice (STJ), in Jurisprudence Newsletter No. 884 (Third Panel, April 2026), ruled that Virtual Asset Service Providers (SPSAVs) authorized by the Central Bank are subject to the Consumer Defense Code (CDC) and bear strict (objective) liability for damages caused to consumers.

Exchanges may only be exempt from liability by proving absence of service defect, exclusive consumer fault, or third-party fault under Article 14, §3 of the CDC — a standard that significantly raises the compliance requirements for these companies.

The ruling directly impacts contract management and risk exposure for fintechs and exchanges operating in Brazil, consolidating the understanding that CDC protections apply to the virtual asset market under Article 13 of Law 14,478/2022 (Cryptoasset Legal Framework).

Source: STJ — Informativo de Jurisprudência nº 884
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