The debate in the Supreme Court also involves government ordinances that, by order of Justice Fux, prohibit beneficiaries of social programs from registering on betting platforms.
The Brazilian Association for Economic Freedom (Able) claims there is “state paternalism,” “misuse of purpose,” and “socioeconomic segregation.” The organization argues that the ban should apply only to the use of benefit money, not to account registration.
The Office of the Attorney General (AGU), however, told the Court that such control is “operationally impossible,” since the State loses track of the funds once they are transferred. Notified to give his opinion, Gonet said that Able may contribute technically to the case but does not have standing to file precautionary requests, and he used the opportunity to renew his plea for the STF to reinstate the rule in Decree-Law 3,688/1941, which prohibits games of chance.
Currently, fixed-odds sports betting is legal in Brazil, authorized by Law 13,756/2018 and regulated by Law 14,790/2023, which establishes taxation, oversight, certification rules, and requirements to combat addiction and money laundering. Online games of chance are also covered by the same 2023 law.
The same games, when offered in person in casinos, remain prohibited because they are classified as a criminal misdemeanor. A bill in Congress to legalize them has not yet been approved.
Source: GMB / Diário do Poder
