Since 2023, comoonline sports betting, commonly known as"wagers", began to be regulated in Brazil with the sanction of theLaw No. 14.790/2023. However, the accelerated growth of this sector, driven bydigital influencers, raises concerns that go beyond gaming addiction. The exhibition ofchildren and adolescentsthe betting platforms have become a growing problem, especially due to advertising campaigns and the appeal of games, often without a proper understanding of the risks involved
In response to this reality, theSupreme Federal Court (SFC)determined, throughdecisão liminar do ministro Luiz Fux (ADI 7721 MC/DF), in November 2024, the suspension of anyadvertising of fixed-odds online betting games aimed at minorsthroughout the national territory
The decision also providesrestrictions on the use of resources from assistance programs in online gambling, besides the application ofdaily fine of up to R$ 50.000,00in case of non-compliance. The federal government was tasked with theimplementation of oversight and control measures, as established in theOrdinance 1.231/2024 do Ministério da Fazenda, regulating theBetting Law.
Responsibility for the Participation of Minors in Games
The platforms ofonline gamblinghave a legal obligation to take effective measures toavoid the exposure of children and adolescentsto your activities. This responsibility is based on various norms for the protection of childhood and adolescence provided for in the Brazilian legal system
ALaw No. 14.790/2023 (Lei das Bets), in yourarticle 16, section III, expressly prohibits advertising aimed at the youth audience. Furthermore, theConsumer Protection Code (article 39)classifies asabusive practiceany advertising aimed at children, regardless of the nature of the advertised product or service.
In the criminal context, theStatute of the Child and Adolescent (Law No. 8.069/90)establishes a penalty ofimprisonment from 1 to 4 yearsfor the crime ofcorruption of minors. This offense includesencourage the participation of children and adolescents in online gambling, be it through thedirect involvement in the gamesor fromdisclosure made by underage digital influencers.
Already theGeneral Data Protection Law (GDPL – Law No. 13.709/2018)imposesstrict restrictionsto the processing of personal data of minors. Any collection or use of sensitive information requiresexpress consent from parents or guardians. The non-compliance with this rule may result inadministrative sanctions and severe penaltiesfor the betting houses
Although stillthere are no specific penalties for betting platforms that fail to monitor access by minors, the need for growsexpand the responsibility of these companies. Stricter measures ofage controlcan be fundamental formitigate negative economic and social impactsthe "bets", promoting theprotection of children and adolescents against early exposure to gambling.
