Even after the initial decision to suspend the virtual plenary meeting, the Supreme Federal Court (STF) convened and unanimously upheld, this Thursday (14), the decision by Minister Luiz Fux that mandates the government to immediately adopt measures to prevent the use of resources from assistance programs, such as Bolsa Família, in online betting. The judgment concludes at 11:59 PM this Thursday (14) and until then, the ministers may change their stance.
In addition to mandating measures to prevent the use of social program resources in betting, Fux also established that rules stipulated in a federal government ordinance, which prohibit advertising of betting sites aimed at children and adolescents, should be applied immediately. It was expected that these norms would only come into effect in January 2025.
Actions
Fux is the rapporteur of two actions discussing the regulation of sports betting – one is from the National Confederation of Commerce of Goods, Services and Tourism (CNC); the other, from the Solidarity party. The minister deliberated on the case after two days of public hearings on the subject.
Based on the data from experts at the event, the minister concluded there were "evidence of the significant and deleterious impacts currently underway from betting advertising on the mental health of children and adolescents; and of betting on family budgets, particularly of people benefiting from social and assistance programs".
Thus, he considered that there were sufficient elements for a decision with immediate effects on the subject.
In the vote given this Thursday, Minister Flávio Dino proposed that the Unified Health System (SUS) be established as responsible for the rules for "pathological gambling disorders".
Dino also advocated that a deadline of 30 days be set for the Ministry of Finance to restrict results that can be manipulated by a single agent in fixed quota betting.
"In this way, the regulation – to be compatible with the Federal Constitution – must prevent such modalities, in order to avoid insufficient protection of the fundamental rights of consumers. 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 in question", said Dino in his vote.
Public hearings
At the beginning of the week, the Supreme promoted a series of public hearings with federal agencies and civil society entities to discuss the situation of betting sites in Brazil.
Among the points discussed were the risk of indebtedness, addiction to gambling (the so-called ludopathy) and the possibility of money laundering with betting.
On the first day of hearings, last Monday (11), government representatives acknowledged the vulnerability of the poorest in the face of betting sites – a concern already expressed by President Luiz Inácio Lula da Silva (PT).
On the occasion, the Minister of Human Rights and Citizenship, Macaé Evaristo, said that the ease of access to online games functions as a "casino in the pocket of each person, leading to disastrous outcomes for families".
The Attorney General of the Union, Jorge Messias, cited data indicating that the online betting market moved billions of reais in the country.
“The numbers reveal the magnitude of this sector and the potential economic impacts on Brazilian families, who may be allocating a significant portion of their income to games", argued Messias.
Meanwhile, the representative of the Brazilian Association of Radio and Television Broadcasters (Abert), Gustavo Binenbojm, stated that online betting is a reality that should not be ignored.
For Abert, the government's regulation already brings advances, such as the prohibition of any type of misleading and abusive advertising.
“Law 14.790 is a pragmatic law that represents the political decision of the representatives elected by the Brazilian people not to close their eyes to reality. No message can induce the bettor to understand betting as socially attractive, associated with personal success or financial success, in addition to the requirement of a warning about the risks of financial losses", he said.
For the Abert representative, the legislation approved in 2023 establishes a "rigorous and aligned regulatory framework with the best international practices in terms of advertising bets".
Source: g1
