A regulação dos pagamentos eletrônicosinteroperabilidade e desafios jurídicos

Resumo

Electronic payments are those made through technology networks, such as credit card payments. The payment networks – so called payment arrangements – were regulated by the Brazilian Central Bank from the year 2013. One of the principles brought about by regulation is the interoperability one, which consists, in the ​​technology field, in the ability to interconnect and interact between devices and networks. This study is based on interoperability theory and the analysis of the conceptualization and application of interoperability in the context of payment arrangements. The starting point of the study is the historical analysis of the means of electronic payments with the objective of illustrate the scenario that led to the regulation of electronic payment means in Brazil. The different types of payment arrangements and, subsequently, the composition of the payment arrangements and the roles of each actor that composes them are examined. The network of contracts that is established between these actors is also examined in order to understand the interaction and distribution of responsibilities between the components of the payment arrangements. From this contextualization, it is possible to assess how interoperability occurs in the context of payment arrangements. The concept of interoperability is approached from the theory of interoperability, the concept of regulation and examples. The different types of interoperability are analyzed to illustrate how it occurs, its benefits and risks, as well as possible impacts on competition and innovation. The references to interoperability in Brazilian legislation, and the regulation of interoperability in electronic payments are analyzed, and the disputes and concept among the different interpretations on the concept of interoperability in electronic payments are mapped. At the end of the paper, the objective is to evaluate the adoption of interoperability in accordance with the theory of interoperability and the fundamentals of regulation, as well as to investigate the possible impacts of interoperability on innovation and competition in electronic payment means.

Ficha do documento

Tipo

Dissertação

Ano

2018

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso restrito

Identificador

oai:repositorio.fgv.br:10438/22025

Temas

Desenvolvimento EconômicoTecnologia

Palavras-chave

Electronic means of paymentCredit cardPayment systemsPayment arrangementsRegulation by the Central BankMeios de pagamento eletrônicosCartão de créditoSistemas de pagamentoArranjos de pagamentoRegulação pelo Banco CentralDireitoCartões de créditoPagamento - RegulamentaçãoIndústria de serviços financeirosTecnologia da informação