The Attorney General of the Republic, Paulo Gonet Branco, sent a Direct Action of Unconstitutionality (ADI) to the Federal Supreme Court (STF) this Monday (11), challenging the constitutionality of Laws No. 14,790/2023 and No. 13,756/2018, that regulate sports betting and online gaming in Brazil. In the action, the PGR criticizes the indiscriminate exploitation of these bets and their advertising, which, according to the body, promote a predatory market, affecting the fundamental rights of vulnerable groups, such as children, adolescents and the elderly.
Gonet argues that the current betting advertising model goes against principles of the economic order and the state’s duty to protect the family unit and the health and safety of consumers. The PGR emphasizes that current legislation does not provide sufficient safeguards for users and leaves room for unrestricted advertising of high-risk activities.
The action also questions the ordinances issued by the Ministry of Finance, which regulate the type of fixed-odd betting. The lack of control criteria, combined with the fact that many of these companies are based outside the country, makes it difficult to monitor and tax the activity, increasing the risks for the national market.
As a preliminary matter, the PGR asks the STF to suspend laws and ordinances related to the advertising and exploitation of online betting, until a final decision is taken.
