The minister of the (Supreme Federal Court) said this Tuesday (12) that it will be necessary to review the validity period of the ordinances that already regulate calls, but which have not yet come into force.
The speech was made after the second day of the public hearing called as a result of a Direct Action of Unconstitutionality, of which Fux is the rapporteur, in which the National Confederation of Commerce in Goods, Services and Tourism requested that the Bets Law (n° 14,790/2023) was declared unconstitutional by the STF.
“One thing has become uniform in all explanations, which is the issue of lack of regulation. And on the other hand, the statement that there is already regulation through ordinances from the Ministry of Finance that have not yet come into force. So I will evaluate exactly this period of validity of the ordinances and the issue of the material assessment of so many problems that were raised, such as psychological problems and debt”, he said.
“Whether or not the activity will continue is a question that demands in-depth assessment of more than 50 arguments that were used here. But one argument was persistent: the lack of regulation and paradoxically the existence of regulation that has not yet come into force”, he stated.
The minister said that the session was “very rich” and that he commented on the action initiated by .
“The PGR’s ADI became another action related to what I already received, with some additional arguments. But the central point now in a deeper examination is this issue of regulation.”
The president of Anatel (National Telecommunications Agency), Carlos Manuel Baigorri, was one of the names who spoke about the issue on this second day, and addressed the need for there to be a body focused on controlling this modality specifically, since Anatel has limitations to effectively block platforms
“If there is no administrative agent with this power and the market remains as it is, all obligations will fall to the judiciary. Because today we can only block a website with a court decision,” he said.
“In the case of bets, the law provided that the Ministry of Finance, through the secretariat of prizes and bets, can issue these orders and we block them. If this power of the SPA does not exist, it will only be up to the judiciary to supervise and monitor more than 3 thousand irregular bets”
In this second stage of the public hearing, the minister heard representatives of institutions focused on consumer rights and health, in addition to representatives of SAFs (Sociedade Anônima de ) and teams, including Botagofo, Fluminense and Cruzeiro.
Ione Amorim, from Idec (Institute for Consumer Protection) presented data from platforms that evaluate the quality of companies, such as Reclame Aqui, and explained the impact of the lack of regulation over the five years that bets have existed in the country.
While they were irregular, companies, as a result, were not registered on government platforms, preventing complaints and problems from being registered and their services from being properly evaluated.
“Despite the regulations approved in 2023 and the blocking of more than 2,000 gambling platforms, bettors continue to be exposed to gambling environments 24 hours a day. While the supposed tax benefits arising from gambling were discussed, very little was discussed the consequences on consumers’ mental and financial health”, he said.
On the first day, the first group received the Minister of Human Rights, Macaé Evaristo, as well as representatives from the Ministry of Finance, Coaf (Financial Activities Control Council), Central Bank, Febraban (Brazilian Band Federation), as well as parliamentarians.
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