The consumer protection agency's decision is based on the fact that the offer and dissemination of gambling games, such as casinos, are illegal in Brazil. Furthermore, the advertisements in question do not respect the Consumer Protection Code, being abusive and misleading advertising, and conduct harmful to consumers, in the opinion of the agency.
“It is a basic consumer right to protection against misleading and abusive advertising, against unfair commercial methods that end up forcing the consumer to make a decision without correct knowledge of the type of product or service being advertised,” explains the general director from Procon, Marcelo Nascimento.
The companies that are responsible for the advertisements must comply with the agency's determination, removing the billboards displayed in Eixo Sul, under penalty of fines. The decision, which is precautionary and subject to appeal, affects the company BET77, sponsor of the advertising, and which has no representation in the country, and the companies SCA Mídia and Estrutura Paneles, which are responsible for broadcasting the advertisements.
In the opinion of lawyer Luciano Andrade Pinheiro, a lawyer specializing in sports law and partner at Corrêa da Veiga Advogados, "unauthorized exploitation does not prevent a company from wanting to advertise. Positioning its brand for an activity that in the near future will be completely regularization is a legal option for each person. Procon is exceeding its competence and treating an activity that is already legal as if it were a misdemeanor."
According to him, at the end of last year a new law with more detailed discipline on this subject was sanctioned, but there is currently no authorization for anyone to explore this type of activity in Brazil.
“The law provides that the federal government, through the Ministry of Finance, will issue authorization for the operation of these online houses, but so far the government has not been able to regulate this activity and, therefore, no authorization has been granted yet,” recalls Luciano Andrade.
“So, this exploration is in fact irregular until the government authorizes this exploration,” says the lawyer.
He recalls that the government itself is encouraging the National Advertising Self-Regulation Council (Conar) to make specific regulations on advertising, indicating what can and cannot be done.
“With the regulations, although Conar has already published a first guideline, there is still no authorization for companies to operate. This will still be subject to review by the federal government itself and, therefore, the activity is in fact still irregular in Brazil,” he concludes.
Source: GMB
