The Attorney General of the Republic, Paulo Gonet Branco, presented this Monday (11) an action that asks the Federal Supreme Court (STF) to suspend the laws that regulate online betting in Brazil – the so-called “bets”. The possibility that the PGR would file a Direct Action of Unconstitutionality (ADI) had already been discussed since last week.
Gonet argues in the action that these laws and ordinances do not guarantee the protection of fundamental rights provided for in the Constitution, and that bets act in a predatory manner against bettors.
“The legislation is insufficient to protect the fundamental rights of consumers, given the predatory nature of the virtual betting market,” he said in the action.
According to the Attorney General of the Republic, the legislation fails to protect consumers and violates constitutional principles that protect rights such as health, food and family protection – especially children, adolescents, the elderly and people with disabilities.
Gonet also claims that current regulations conflict with principles of the economic order and the internal market, in addition to ignoring constitutional restrictions on the advertising of products with high health risks.
“Furthermore, it disregards the constitutional imposition of granting public services by concession or permission, through bidding. It also deviates from constitutional restrictions on the advertising of products that pose a high risk to health”, he pointed out.
In addition to questioning the constitutionality of the laws, Gonet asks for a precautionary decision to suspend the effectiveness of the legal provisions that authorize fixed-odd betting and the operations of bookmakers, aiming to interrupt the exploitation of this market until the STF decides on the merits of the action.
One of the laws questioned, 13,756/2018, introduced fixed-odd betting, allowing bettors to know in advance how much they can win in a sporting or virtual event. However, the PGR points out that this legislation was insufficient to protect users and the national market, especially due to the activities of companies based outside the country, which makes control, inspection and tax collection difficult.
Law 14,790/2023 sought to mitigate the negative social impacts of betting, but Gonet claims that it failed in this objective, leaving loopholes that allow indiscriminate exploitation and a lack of guarantees for consumers.
