Since 2023, online sports betting, popularly known as “bets”, has been regulated in Brazil with the sanction of Law No. 14,790/2023. However, the rapid growth of this sector, driven by digital influencers, raises concerns beyond the 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 a proper understanding of the risks involved.
In response to this reality, the Supreme Federal Court (STF) determined, through an interim decision by Minister Luiz Fux (ADI 7721 MC/DF), in November 2024, the suspension of any fixed-odds online betting games advertising directed at minors throughout the national territory.
The decision also includes restrictions on the use of assistance program resources in online betting, as well as the application of a daily fine 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 Ministry of Finance Ordinance 1,231/2024, regulating the Betting Law.
Responsibility for Minors’ Participation in Games
Online gambling platforms are legally obligated to adopt effective measures to prevent children and adolescents from being exposed to their activities. This responsibility is based on various laws protecting childhood and adolescence provided for in the Brazilian legal system.
Law No. 14,790/2023 (Betting Law), in its Article 16, Section III, expressly prohibits advertising targeted at children and teenagers. In addition, the Consumer Protection Code (Article 39) classifies as an abusive practice any advertising aimed at the child audience, regardless of the nature of the product or service being advertised.
Criminally, the Statute of Children and Adolescents (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 children and adolescents to participate in online betting, whether through direct involvement in games or promotion by underage digital influencers.
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 regulation can result in administrative sanctions and severe penalties for betting houses.
Although there are currently no specific penalties for betting platforms that fail to monitor minors’ access, there is a growing need to expand the responsibility of these companies. Stricter age control measures can be essential to mitigate the negative economic and social impacts of ‘bets,’ promoting the protection of children and adolescents against early exposure to gambling.
