Since 2023, online sports betting, popularly known as “bets”, became regulated in Brazil with the enactment of Law No. 14,790/2023. However, the rapid growth of this sector, driven by digital influencers, raises concerns that go beyond gambling addiction. The exposure of children and adolescents to betting platforms has become a growing problem, especially due to advertising campaigns and the appeal of games, often without proper understanding of the risks involved.
In response to this reality, the Supreme Federal Court (STF) ruled, through a preliminary decision by Minister Luiz Fux (ADI 7721 MC/DF), in November 2024, the suspension of any advertising of fixed-odds online betting games (bets) targeted at minors nationwide.
The decision also provides for restrictions on the use of welfare program funds in online betting, in addition to the application of daily fines of up to R$50,000.00 in case of non-compliance. The federal government was tasked with implementing monitoring and control measures, as established in Ordinance 1,231/2024 of the Ministry of Finance, regulating the Bets Law.
Responsibility for Minors’ Participation in Games
Online gambling platforms have a legal obligation to adopt effective measures to prevent the exposure of children and adolescents to their activities. This responsibility is based on various child and adolescent protection norms provided in Brazilian law.
The Law No. 14,790/2023 (Bets Law), in its Article 16, item III, expressly prohibits advertising targeted at children and adolescents. Additionally, the Consumer Protection Code (Article 39) classifies as abusive practice any advertising aimed at children, regardless of the nature of the advertised product or service.
In the criminal context, the Child and Adolescent Statute (Law No. 8,069/90) establishes a penalty of imprisonment from 1 to 4 years for the crime of corruption of minors. This offense includes encouraging the participation of children and adolescents in online betting, whether through direct involvement in games or promotion by underage digital influencers.
On the other hand, the General Data Protection Law (LGPD – Law No. 13,709/2018) imposes strict restrictions on the processing of personal data of minors. Any collection or use of sensitive information requires express consent from parents or guardians. Non-compliance with this rule may result in administrative sanctions and severe penalties for betting houses.
Although there are still no specific penalties for betting platforms that fail to monitor minors’ access, there is a growing need to increase the responsibility of these companies. Stricter measures of age verification may be essential to mitigate the negative economic and social impacts of “bets”, promoting the protection of children and adolescents against early exposure to gambling.
