Senator Carlos Portinho (PL-RJ), rapporteur of Bill 2.985/2023 and author of one of the requests for the hearing, stated that the bill is a response from parliamentarians to the "few results" achieved by the federal government in trying to curb what he considers "predatory advertising." Portinho also questioned the effectiveness of filters that block access for children and teenagers, who are legally prohibited from gambling.
“My 15-year-old son said: ‘Do you think someone my age really says how old they are?’ We waited a year for betting to be regulated and actually enforced. When I hear that the government has issued a restrictive ordinance [on advertising], I wonder what they’re really doing. The situation is getting worse: advertising is massive and often targets people who are not even the intended audience, such as children,” said the senator.
The hearing was chaired by Senator Leila Barros (PDT-DF), president of the CEsp.
Government action
The Secretariat of Prizes and Betting (SPA), part of the Ministry of Finance, is responsible for creating regulations and overseeing the sector. Ordinance 1231, issued in July 2024, sets rules for online betting advertisements. However, the entire regulatory process that began in 2024 went through a transition period—which led to the authorization of around 90 companies—and only came fully into effect this year. Online betting has been permitted in Brazil since 2018.
The SPA representative Daniela Correa Cardoso stated that the current legislation already includes several tools suggested by lawmakers and participants during the meeting. These include facial recognition to prevent children from gambling and the prohibition of associating betting with easy earnings, extra income, or investment opportunities.
“Since January, we have focused on monitoring and oversight. Whether initiated by us or prompted by a complaint, we conduct an analysis and the team opens an investigation to remove content [that violates the rules]. The challenge is the speed at which this happens, considering we are dealing with a digital environment,” she explained.
Daniela also highlighted the significant role of the National Council for Advertising Self-Regulation (Conar) in regulating betting ads, which encourages industry self-regulation. According to her, the partnership with Conar has been "very effective."
Insufficient warnings
According to public defender Thiago Henrique Cunha Basílio, who works in Rio de Janeiro, betting advertisements fail to convey the emotional and financial risks involved.
“We can’t allow this unrestrained advertising as we’ve been seeing. A simple message like ‘play responsibly’ isn’t enough, it’s like washing your hands and shifting the burden entirely to the individual bettor. This is even more dangerous for people in socioeconomic classes D and E, who are more vulnerable to this kind of spending,” he said.
Alexandre Fonseca, CEO of SuperBet Brasil, agreed that communication about the potential harms of gambling needs to be improved. However, he said the bigger challenge lies in reaching unlicensed betting companies, which do not follow legal advertising requirements.
“Today we have 20,000 illegal sites operating in Brazil. These are the places where gambling addicts find refuge, and where minors find a fertile ground to engage in gambling. I believe we have a much bigger issue today, which is fighting illegal bets,” Fonseca explained.
Rodrigo Saraiva Marinho, executive director of the Instituto Livre Mercado, argued that restrictions on advertising should not be based solely on potential addiction cases: “If we prohibit addiction, we’re prohibiting people from making their own choices. A fundamental view of freedom is allowing people to make mistakes, to decide what they want or don’t want to do.”
Reverse effect
Pietro Cardia Lorenzoni, legal director of the National Association of Games and Lotteries (ANJL), argued that banning or excessively restricting betting ads could hurt consumers by making it harder for them to identify government-authorized companies. He said that’s exactly what happened in Italy when gambling ads were banned in 2018.
“Brazilian consumers still don’t know which games are legal and which are not. Advertising is a way to inform consumers about the legal market. [In Italy] the impacts of the ban were negative. Consumers turned to the illegal market, meaning no consumer protection, no protection for children and adolescents, and no funding for public policies,” he said.
Law 14.790 of 2023 mandates that 12% of the revenue from betting companies (after paying winnings and income taxes) be allocated to areas such as sports. The vice president of the Brazilian Olympic Committee (COB), Yane Marques, stated that the committee received its first funds in March.
Influencers
Senator Styvenson Valentim (PSDB-RN), author of Bill 2.985/2023, recalled that his original intent was to prohibit all advertising to prevent influencers and celebrities from excessively driving new users to gamble.
“[An influencer] can get people to buy the product they wear. If Cristiano Ronaldo uses a shampoo, I’ll use it too, hoping I’ll look as good as him. That’s how marketing works. [Companies] have the financial resources and legal means to do this—we just want to reduce the impact of their influence on vulnerable individuals who lack the willpower to avoid gambling,” he explained.
Portinho amended the original text to allow advertising, but with restrictions on reach and content. However, the ban on participation by influencers and celebrities remains in the text.
The prohibition on athletes appearing in betting ads was maintained in Senator Sérgio Petecão’s (PSD-AC) report on Bill 3.405/2023. Celebrity involvement in gambling promotions is currently under investigation by the CPI of Bets.
Football clubs
Senator Jorge Kajuru (PSB-GO) said he will oppose any "radical" solutions. According to him, TV stations and football clubs currently depend heavily on betting advertisement revenue.
“All the TV network executives spoke with me, and the consensus is that if betting ads are banned, the only station that survives is Globo. The others will go bankrupt. We’ll also create a financial crisis for football clubs, which no longer have alternative sponsors,” he warned.
Source: Agência Senado
