It appears in the case file that the plaintiff party paid the amount of R$ 40 (US$ 7.6), on December 9, 2020, thus being qualified to line up its two teams on the platform of the defendant company and thus compete for the related prize to the 25th round of the Brazilian Football Championship.
At the end of the games, the registered score would guarantee the applicant the first place in the league organized by the accused, but, however, he verified that his bet was not ranked. After unsuccessful attempts at administrative channels, he filed a lawsuit in court.
The appeal's rapporteur, Judge Silvério da Silva, refuted the defendant's thesis that it was a question of collecting a bet debt, explaining that the company "could not invoke its own turpitude to excuse itself from responsibility before the plaintiff."
"It is worth mentioning that sports betting through virtual means are provided for in Law nº 13.756/2018", recalled the judge, who added: "it is not a question of collecting gambling debt, but repairing material damage resulting from the loss borne by the plaintiff."
The magistrate also dismissed the thesis of violation of the terms of use by the author.
Judges Theodureto de Almeida Camargo Neto and Alexandre Coelho also participated in the trial. The decision was unanimous.
Source: São Paulo Court of Justice
