Since 2023, asonline sports betting, commonly known as“bets”, 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 (STF)determined, throughdecisão liminar do ministro Luiz Fux (ADI 7721 MC/DF), in November 2024, the suspension of anyadvertising of fixed-odds online gambling (betting) aimed at minorsthroughout the national territory
The decision also providesrestrictions on the use of resources from assistance programs in online betting, in addition to the application ofdaily fine of up to R$ 50.000,00in case of non-compliance. The federal government was tasked with theimplementation of inspection and control measures, as established in theOrdinance 1.231/2024 do Ministério da Fazenda, regulating theIt was Bets.
Responsibility for the Participation of Minors in Games
The platforms ofonline gamblinghave a legal obligation to adopt effective measures toavoid exposing 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
A Law No. 14.790/2023 (Lei das Bets), in yourarticle 16, item III, expressly prohibits advertising aimed at children and young people. Furthermore, theConsumer Protection Code (article 39)classify asabusive practiceany advertising aimed at children, regardless of the nature of the product or service advertised.
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 infraction includesencourage children and teenagers to participate in online betting, be it through thedirect involvement in the gamesor thedisclosure made by underage digital influencers.
Me andGeneral 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 of 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.
