In addition to establishing measures to prevent the use of social program resources in gambling, Fux also determined that rules outlined in a federal government ordinance, which prohibit gambling site advertisements directed at children and adolescents, must be enforced immediately. These regulations were initially expected to take effect only in January 2025.
Actions
Fux is the rapporteur of two cases discussing the regulation of sports betting—one brought by the National Confederation of Commerce in Goods, Services, and Tourism (CNC) and the other by the Solidariedade party. The minister made decisions on the matter after two days of public hearings on the subject.
Based on data presented by experts at the event, the minister concluded that there was "evidence of significant and harmful current impacts of gambling advertisements on the mental health of children and adolescents, as well as on family budgets, particularly those of people benefiting from social and welfare programs."
Thus, he found there were sufficient elements for an immediate decision on the matter.
In his vote this Thursday, Minister Flávio Dino proposed that the Unified Health System (SUS) be made responsible for managing the regulations concerning "pathological gambling disorders."
Dino also argued that a 30-day deadline be set for the Ministry of Finance to restrict outcomes in fixed-odds betting that could be manipulated by a single agent.
"In this way, the regulation—to be compatible with the Federal Constitution—must prevent such betting modalities, in order to avoid insufficient protection of consumers' fundamental rights. The very concept of betting is at stake, which cannot be defrauded by an individual's deliberate actions that create situations leading to profits for a few and losses for many," Dino stated in his vote.
Public hearings
Earlier this week, the Supreme Court held a series of public hearings with federal agencies and civil society organizations to discuss the situation of betting sites in Brazil.
Topics discussed included the risk of debt, gambling addiction, and the potential for money laundering through betting activities.
On the first day of hearings, last Monday (11), government representatives acknowledged the vulnerability of the poor to betting sites—a concern previously raised by President Luiz Inácio Lula da Silva (PT).
On that occasion, the Minister of Human Rights and Citizenship, Macaé Evaristo, stated that the ease of access to online gambling acts like a "casino in every person's pocket, leading to disastrous outcomes for families."
The Attorney General, Jorge Messias, cited data showing that the online betting market has generated 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 gambling," argued Messias.
Gustavo Binenbojm, a representative of the Brazilian Association of Radio and Television Broadcasters (Abert), stated that online betting is a reality that cannot be ignored. According to Abert, government regulation already brings advancements, such as the prohibition of any 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 turn a blind eye to reality. No message should lead the bettor to view gambling as socially appealing or associate it with personal success or financial gain, in addition to requiring warnings about the risk of financial loss," he said.
According to the Abert representative, the legislation approved in 2023 establishes a "rigorous regulatory framework aligned with international best practices in gambling advertising."
Source: g1
