It is worth reiterating that online betting was legalized in Brazil by a 2018 law, which allowed a two-year period, extendable by another two years, for the federal government to regulate the activity. However, regulation only effectively began in 2023, and it was only in January 2025 that the country had a regulated market, limited to companies duly authorized.
It is essential to understand that, without a regulated market and, especially, without the current legal requirement that all authorized bets have headquarters and management in Brazil, the Brazilian state lacked the necessary means to address various negative externalities. Among them, a key challenge was implementing mechanisms to protect and defend the bettor as a consumer.
At the federal level, Senacon (National Consumer Secretariat), linked to the Ministry of Justice, is responsible for coordinating the SNDC (National Consumer Defense System) and issuing complementary regulations that directly affect the relationship between betting companies and bettors.
Senacon has been rigorously monitoring sector advertising, requiring campaigns to include clear warnings about the risks of the activity, prohibit participation by minors under 18, and provide information on problem gambling prevention.
Additionally, the secretariat has established dialogue channels with state Procons and Public Defenders’ offices to unify actions against abusive practices. Another key point is cooperation with international consumer protection entities, considering that many betting platforms operate across different jurisdictions.
In this context, Procon-SP, in partnership with the Consumer Defense Committee of OAB-SP, launched the guidebook “Consumer Rights in Gaming and Sports Betting in Brazil.” The document plays a crucial educational role by translating bettors’ rights and betting companies’ obligations into simple language—reinforcing that this consumer relationship must be based on clarity, transparency, and responsibility.
A central point of the guidebook is the recognition that betting involves risk. Unlike other services, betting does not guarantee any return—it is an entertainment activity that should be practiced with balance and awareness. This highlights the importance of the “responsible gaming” concept, repeatedly emphasized in regulations issued by the Ministry of Finance and now echoed in a consumer protection instrument. The message is clear: fun, yes; debt or harm, no.
Another aspect addressed by the guidebook concerns advertising and the responsibility of those involved. Athletes, clubs, and influencers who lend their image to betting campaigns must follow the principles of the Consumer Protection Code (CDC). This means avoiding misleading promises, clarifying that winnings are not guaranteed, and taking special care with content directed at young and vulnerable audiences. This dimension, often neglected, gains relevance given the widespread presence of betting in the country’s sports and cultural environment.
Financially, the guidebook provides relevant guidance by clarifying rights and duties already established by law and regulation. Key points include: deposits and withdrawals must only be made to bank accounts under the bettor’s name; prizes must be paid within two hours after the bettor’s request; payment methods such as credit cards and cryptocurrencies are not allowed.
These rules, in addition to protecting consumers, help reduce money laundering risks and prevent practices by unauthorized operators. The guidebook also reinforces traditional consumer guarantees, such as the right to clear and adequate information about platform rules, joint responsibility among supply chain participants, and personal data protection in accordance with LGPD (General Data Protection Law). The message to companies is clear: transparency and security are not differentiators but minimum requirements to operate in Brazil.
Most authorized betting companies already follow these practices in their terms and conditions, offering explanatory content and detailed guidance to consumers. However, the guidebook launched by Procon-SP with OAB-SP provides additional legitimacy, establishing an official code of conduct that strengthens legal certainty and increases bettor confidence.
Initiatives like this, which are already being followed and are expected to be adopted by agencies in other states, together with Senacon’s national role, serve a dual purpose. On one hand, they empower bettors by providing clear and objective information about their rights and warning about the risks of the activity.
On the other hand, they raise social awareness about the importance of responsible gaming and the need to combat illegal operators—who do not guarantee payouts, do not comply with the law, and harm the collection of taxes that should be allocated to sports, social security, and education.
José Francisco Cimino Manssur
Partner at CSMV Advogados. In 2023, he was Special Advisor at the Executive Secretariat of the Ministry of Finance, responsible for regulating sports betting and online gaming. He also participated in the special working group of the Ministry of Sports responsible for drafting the Fan Statute.
André Muszkat
Founding Partner at CSMV Advogados and member of the Consumer Relations Committee of IBRAC (Brazilian Institute of Competition, Consumer and International Trade Studies).
