The ministers of the Federal Supreme Court (STF) formed a majority this Thursday (14) to maintain – the so-called “bets”.
Fux made the decision on Tuesday (12) as part of discussions regarding an action requested by the National Confederation of Commerce in Goods, Services and Tourism (CNC) alleging the regulation was unconstitutional.
The decision was taken to the virtual plenary of the STF and already has 10 votes, only Nunes Marques has not yet voted. The trial ends at 11:59 pm this Thursday (14).
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Fux stated in the decision that there is evidence of the “relevant and deleterious impacts currently underway of betting advertising on the mental health of children and adolescents; and investments in family budgets, particularly of people who benefit from social and assistance programs”.
When reporting the action, Fux also ordered the immediate application of the rules set out in a federal government ordinance that prohibits advertising aimed at children and teenagers on betting sites. Initially, the text of the betting regulations provides that these advertising rules will come into force from January 2025.
The decision must be complied with immediately by the Ministry of Finance, responsible for supervision, and (Social Development).
“The law that regulated gaming required a period of six months for measures like this. What the government wanted to do would take six months to come into force, it would only come into effect in 2025. Now, with the STF’s decision, it comes into effect immediately”, said Dias.
Minister Flávio Dino, from the STF, amended Fux’s decision and defended a period of 30 days for the Treasury to prepare a rule to restrict results that can be manipulated in fixed odds bets. For him, regulations need to be compatible with the Constitution to protect bettors.
“The very concept of betting is at stake, which cannot be defrauded by the individual will of a person who intentionally produces an event that leads to gains for a few and losses for many”, he pointed out.
Fux’s decision adds to the call for the STF to suspend the effects of laws and ordinances that regulate betting in Brazil.
“The legislation is insufficient to protect the fundamental rights of consumers, given the predatory nature of the virtual betting market,” said Attorney General Paulo Gonet Branco in the action.
Furthermore, there is the possibility that they are being used by organized crime to commit money laundering.
The commission was requested by Senator Soraya Thronicke (Podemos-MS) and already has, as she said, at least 99 requests for summons, statements and taking information. There is a 130-day deadline.
“If it is necessary, until the end of the year, we hold two or three meetings in a week, we will do so, precisely because of the gravity and the scale that this situation has taken in our country. It’s really scary. And we want to deliver a solid but quick response to Brazilian society,” he said.
The CPI will work on eight axes, such as money laundering and currency evasion, consumer rights, financial transactions, socioeconomic impacts, advertising and social responsibility, algorithms and transparency on platforms, education and awareness and impacts on health.
