Since 2023, theonline sports betting, popularly known as“bets”, began to be regulated in Brazil with the sanction ofLei nº 14,790/2023. However, the accelerated growth of this sector, driven bydigital influencersraises concerns that go beyond gaming addiction. The exhibition ofchildren and adolescentsto 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, theSupreme Federal Court (STF)determined, by means ofpreliminary decision by Minister 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 inOrdinance 1,231/2024 of the Ministry of Finance, 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 several laws protecting children and adolescents established in the Brazilian legal system.
A Law No. 14,790/2023 (Bets Law), in hisArticle 16, paragraph 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 sphere, theStatute of Children and Adolescents (Law No. 8,069/90)establishes a penalty ofimprisonment from 1 to 4 yearsfor the crime ofcorruption of minors. This violation includesencourage children and teenagers to participate in online betting, either through thedirect involvement in the gamesor thedisclosure made by underage digital influencers.
Me andGeneral Data Protection Law (LGPD – 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. Failure to comply with this rule may result inadministrative sanctions and severe penaltiesfor bookmakers.
Although stillthere are no specific penalties for betting platforms that fail to monitor access by minors, the need forexpand the responsibility of these companies.Stricter measures ofage controlcan be fundamental formitigate negative economic and social impactsof the “bets”, promoting theprotection of children and adolescents against early exposure to gambling.
