Minister of the STF proposes end to bets that depend on just one player

For Dino, the responsibility to prevent pathological gambling disorders should be of the Unified Health System (SUS) and not of the Ministry of Finance, as stated in the law. According to him, the SUS is the constitutionally appropriate instance to deal with public health issues.

“The primacy of free enterprise is not under discussion, but state regulation – from a constitutional perspective – must be proportional, aiming to prevent harm to families, health, and the economy, resulting from potential harmful businesses”, according to the minister.

Furthermore, Dino determined, in the vote, the creation of a norm, within 30 days, to prohibit betting modalities that can be manipulated by a single agent, such as outcomes of sports events dependent on individual decisions, preventing frauds and protecting consumers. The Ministry of Finance and the Ministry of Sports will be responsible for this regulation.

“The very concept of betting, which cannot be defrauded by the INDIVIDUAL will of a person who maliciously produces a fact leading to gains for a few and losses for many, is at stake”, states Dino in the vote.

The preliminary injunction by Fux had been issued in response to Direct Actions of Unconstitutionality (ADIs) presented by the National Confederation of Commerce (CNC) and the Solidarity Party. Both challenged the law for alleging that it violates constitutional principles by not adequately protecting consumers, children, and adolescents against the risks of pathological gambling.

In the preliminary injunction, the minister determined that the federal government adopt measures of “special protection” to prevent beneficiaries of the Bolsa Família program from using the program's resources for betting.

Source: GMB / JOTA