For Dino, the responsibility for preventing pathological gambling disorders should lie with the Unified Health System (SUS) and not with the Ministry of Finance, as provided for by law. According to him, the SUS is the constitutionally appropriate body to deal with public health issues.
“The primacy of free enterprise is not in dispute, but state regulation – from a constitutional perspective – must be proportional, aiming to avoid harm to families, health and the economy, resulting from potential harmful business,” according to the minister.
In addition, Dino determined, in the vote, the creation of a rule, within 30 days, to prohibit types of betting that can be manipulated by a single agent, such as results of sporting events dependent on individual decisions, preventing fraud and protecting consumers. The Ministry of Finance and the Ministry of Sports will be responsible for this regulation.
“The very concept of gambling is at stake, as it cannot be defrauded by the INDIVIDUAL will of a person who deliberately produces an event that leads to gains for a few and losses for many,” Dino states in his vote.
Fux’s injunction had been issued in response to Direct Actions of Unconstitutionality (ADIs) filed by the National Confederation of Commerce (CNC) and the Solidarity Party. Both questioned the law on the grounds that it violates constitutional principles by failing to adequately protect consumers, children and adolescents against the risks of pathological gambling.
In the injunction, the minister determined that the federal government adopt “special protection” measures to prevent Bolsa Família beneficiaries from using the program’s resources for gambling.
Source: GMB / JOTA
