Minister of the STF ordered the government to bar the use of money from social benefits for betting
The minister of the STF (Supreme Federal Court) Luiz Fux sent his decision that orders the federal government to bar the use of money from social benefits in bets to the virtual plenary of the Court. In an order in the early afternoon of this Wednesday (November 13, 2024), the minister requested that the President of the Supreme Court, Roberto Barroso, schedule a date for a referendum on the decision by the other ministers.
Fux decided that the federal government, through the Ministry of Finance, must adopt measures to “special protection” to prevent the use of assistance program resources in online fixed-odd betting, so-called bets. The determination encompasses, for example, benefits paid by Bolsa Família and BPC (Continuous Payment Benefit).
In the decision ( – PDF – 179 kB), the minister also established that the rules of the ordinance, on the prohibition of advertising on betting sites aimed at children and teenagers, must be applied immediately. Initially, the ordinance’s actions would come into force in 2025.
The extraordinary session for the referendum has not yet entered the Supreme Court’s calendar, but should be analyzed in the coming days. The judgment on the merits, however, should only be held in 2025. According to Fux, the expectation is to discuss the matter in the first half of next year.
The decision was taken in ADI (Direct Action of Unconstitutionality) 7721, in which the CNC (National Confederation of Commerce in Goods, Services and Tourism) requests that the Bets Law (Law 14,790/2023) be declared unconstitutional by the Supreme Court. It was given the day after the end of a public hearing that discussed the topic over 2 days at the STF.
In the decision, Fux said that the demonstrations heard over the 2 days “presented evidence of the current relevant and deleterious impacts of betting advertising on the mental health of children and adolescents”. Yet, “the stakes in family budgets, particularly of people who benefit from social and assistance programs”.
Speaking at the end of the 2nd day of the hearing, Fux said that the regulation of sports betting is necessary to maintain the practice in Brazil. He stated that he intended to evaluate the validity period of the Ministry of Finance’s ordinances that regulate betting, but which have not yet come into effect. According to the judge, “Without regulation, you cannot continue in this activity”.
