The Federal Supreme Court (STF) scheduled an extraordinary session in the virtual plenary for this Thursday (14) to analyze the injunction granted by minister Luiz Fux that restricts the advertising of online betting games, bets, to minors and prevents the use of resources from assistance programs, such as Bolsa Família, in fixed-odds bets. The session will take place from 11 am to 11:59 pm, and the other ministers will be able to endorse Fux’s provisional decision or not.
Fux’s injunction, published this Tuesday (12), was motivated by Direct Actions of Unconstitutionality (ADI) presented by the National Confederation of Commerce (CNC) and the Solidariedade party, which question the constitutionality of the regulation of online betting, foreseen in the Bets Law (Law 14,790/2023) and detailed by Ordinance 1,231/2024, of the Ministry of Finance. The CNC argues that current regulations represent a financial risk for families benefiting from social programs, due to the possible impact of risky behavior associated with betting.
The decision also requires the federal government to immediately adopt the rules of the Ministry of Finance’s ordinance, anticipating the restrictions that were only scheduled for January 2025.
The injunction, among other measures, prohibits online betting advertising aimed at children and adolescents and highlights the negative impacts of advertising content on the mental health of young people. These issues were debated in public hearings held on November 11th and 12th at the STF, with the participation of experts and representatives from the Ministries of Finance and Human Rights.
In addition to restricting minors’ access to this type of advertising, Fux ordered the government to implement strict controls to prevent social benefit resources from being used for betting, aiming to protect the budgets of the most vulnerable families. The injunction responds to requests from the Attorney General’s Office (PGR), which asks the STF to assess the unconstitutionality of some rules that govern betting platforms in the country.
The decision, although with immediate effect, still depends on the referendum of the other STF ministers. If the injunction is confirmed in the virtual plenary, the STF states that it will represent a more restrictive regulatory framework for the betting sector in Brazil, imposing limits on its advertising reach and social impact.
