According to the Association's document, submitted to the SPA on September 22nd, the measure contradicts the Supreme Federal Court's precautionary decision in ADIs 7721 and 7723, upheld by the full Court in November 2024. The decision only prohibited the use of social benefit funds for gambling, but did not prohibit beneficiaries from using funds from other sources.
The ANJL warns that, by indiscriminately blocking all beneficiaries, the API innovates the legal system without legal or judicial support. The opinion also cites Law No. 13,460/2017, which guarantees users of public services adequate service provision, prohibiting restrictions not provided for by law. The organization believes the measure violates democratic legality and sets a dangerous precedent for civil liberties.
Another point highlighted is that the prohibition could have the opposite effect to that intended. "Instead of protecting Bolsa Família and BPC beneficiaries, it would end up pushing gamblers into the illegal market, without Responsible Gaming mechanisms, without time or spending limits, and beyond the reach of state oversight. This increases the risks of debt and irresponsible gambling," stated ANJL president Plínio Lemos Jorge.
The Technical Note also concludes that the API imposes stricter restrictions than the STF ruling, potentially constituting unconstitutionality and illegality, and draws attention to a key issue: the need for standardized data reporting.
"Although this aspect is not yet detailed in the current regulations, the Association has been promoting training, seminars, workshops, and recommendations to guide the market in this process," explained Lemos Jorge.
He also noted that the sector faces a significant learning curve in reporting information. In this context, the requirement for blocking and real-time verification of the 'Impedidos' API adds a new level of complexity to operators' systems.
Source: GMB
