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The Brazilian Institute of Consumer Policy and Law (Brasilcon) formally filed a motion seeking permission to intervene in an important legal case currently pending before Brazil’s highest court, the Supreme Federal Court (STF). The motion pertains to the Direct Action of Unconstitutionality (ADI) No. 7,721/DF, which challenges the legality of Law No. 14,790/2023, commonly referred to as the “Bets Law”, which governs fixed-odds sports betting in Brazil.
The motion was filed on March 10 by attorneys Simone Maria Silva Magalhães and Claudia Lima Marques, in accordance with Article 138 of Brazil’s Code of Civil Procedure. The case is being overseen by Justice Luiz Fux, who has already recognized the urgency and complexity of the issues in the case.
Case with Broad Legal and Social Consequences
The case was originally filed by the National Confederation of Commerce of Goods, Services, and Tourism (CNC) to assess the constitutionality of the current regulation of fixed-odds sports betting in Brazil. Brasilcon believes that the case is significant because it involves substantial constitutional issues with broad implications for consumer protection, which affect Brazilian citizens in general.
The Brasilcon motion for permission to participate in the case was filed on the basis of the “technical complexity of the issues” and their “social implications.” The institute asserted that it complied with all legal requirements for intervention in the case, including “adequate representativeness”, the “relevance of the subject matter”, the “specificity of the theme”, and the “social implications of the case.”
If granted permission to participate, Brasilcon would submit written briefs, memorials, and oral arguments in the case.
Urgency and Multi-Dimensional Analysis by Justice Fux
Justice Luiz Fux has already stated that this issue may need prompt action from the judiciary. In a conversation with reporters after the first part of a public hearing held in November 2024, Justice Fux emphasized the gravity of the problems that are being raised: “We have concluded the first part of the hearing, and today we will have the second part, and the third part will be held tomorrow. In any case, the problems raised here, which are all related to vulnerable populations, mental health, and other important concerns, are leading us to believe that this judgment needs to be urgent.”
As part of the hearing organized by the Supreme Court, eight thematic topics have been defined, highlighting the scope of this debate. The topics are as follows: Mental health and neurological consequences of betting, Economic impacts on families and commerce, Social impacts, Risks of money laundering, Taxation, Transparency of platforms, Advertising and gamification, and Property rights of gamblers.
Brasilcon’s Institutional Background and Expertise
Brasilcon, a non-profit, multidisciplinary think tank, was founded in 1992 by the drafters of the proposal that led to the approval of the Brazilian Consumer Defense Code (Law No. 8,078/1990). The think tank’s mission is to “contribute to the development of consumer protection policy and law, promoting a balance between consumer rights and economic growth, as well as to stimulate research, analysis, and advocacy for consumer protection and consumer law and policy.”
Brasilcon brings together Brazilian and international law scholars, researchers, and professionals. It has a renowned reputation for the quality of its publications and events. Some of Brasilcon’s activities are the Brazilian Congress of Consumer Law, in its seventeenth edition, and the Journal of Consumer Law, launched in 2002 and published for many years in association with Editora Revista dos Tribunais.
Track Record at the Supreme Court
Some notable cases in which Brasilcon has participated as an amicus curiae in decisions by the STF include Extraordinary Appeal No. 1,037,396/SP, which addressed the constitutionality of Article 19 of the Internet Civil Framework in Brazil. Brasilcon was also part of the ADI 2,591/DF decision that reinforced the position that financial institutions are governed by consumer protection legislation.
The institute was also part of the ADI 3,311/DF decision in which the STF reinforced restrictions on the advertising of tobacco products. In this instance, the decision was premised on the “prevalence of health protection (Article 6 of the Constitution) and the priority protection of children and adolescents (Article 227 of the Constitution).”
Next Steps in a Pivotal Legal Debate
Brasilcon’s application is also backed up with supporting documents such as the institute’s bylaws and legal representation. The institute is also seeking to be provided with a deadline in which it can make written arguments in the matter.
The decision by the STF on the constitutionality of the Bets Law is imminent. The decision is likely to be pivotal in the development of the betting industry in Brazil.
Source: BNL Data
