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Bets: Fux prevents advertising for children and the use of social funds in bets
Decision aims to protect vulnerable families and minors from the financial and psychological impacts of online gambling.
From the Editors
 
Wednesday, November 13, 2024
 
STF minister Luiz Fux granted an injunction ordering the government to adopt immediate measures to prevent the use of resources from welfare programs, such as Bolsa  and  BPC -  Continuous Benefit Payment, in online bets, known as bets.
 
In addition, the minister also ordered a ban on gambling advertising aimed at children and adolescents. These advertising restrictions are initially scheduled to come into effect from January 2025.
 
Decision that partially suspended law  14.790/23 , aims to  protect vulnerable families and minors from the financial and psychological impacts of online betting.
 
Minister Luiz Fux suspended the use of funds from social programs, such as Bolsa , in online betting and determined restrictions on advertising betting to minors. (Image: Gustavo Moreno/STF)
Understand
 
The measure meets the requests of ADIs 7,721 and 7,723 , filed by  CNC -  National Confederation of Commerce of Goods, Services and Tourism and by the  party.
 
Both entities request the inclusion of strict restrictions in betting legislation to prevent the use of resources from assistance programs, avoiding debt for vulnerable families.
 
The entities also advocate for more effective measures to protect children and adolescents from gambling advertising, arguing that the current law does not adequately prevent minors from being exposed to the gambling environment, which could affect their mental health and development.
 
Injunction
 
Minister Fux noted that the statements made at a public hearing held in November with more than 40 members of the sector pointed out relevant and harmful impacts currently being had by advertising bets on the mental health of children and adolescents, and bets on family budgets, particularly those of people who benefit from social and assistance programs.
 
According to His Excellency of the claim of insufficient protection conferred by Law No. 14,790/2023".
 
Fux also highlighted the urgency of mitigating the negative impacts of gambling, stating that the current scenario reveals "clearly insufficient protection, with immediate deleterious effects, especially on children, adolescents and on the family budgets of beneficiaries of assistance programs, which must be immediately removed, under penalty of the non-application of rules already issued, until January 2025, worsening the already critical current situation".
 
Thus, His Excellency ordered the immediate implementation of measures to prevent minors from participating and using resources from social programs in gambling.
 
According to Fux, it is essential that "the actions of inspection and monitoring of compliance with the provisions set forth in the regulations prepared by the Federal Executive Branch, specifically provided for in Ordinance SPA/MF No. 1,231, of July 31, 2024, have immediate applications regarding the prohibition of advertising and propaganda measures for the aforementioned activities that have children and adolescents as their target audience".
 
The preliminary decision will now go to the STF plenary, where it will be definitively evaluated.
 
Proceedings :  ADIs  7.721  and  7.723
 
link: https://www.migalhas.com.br/quentes/419860/bets-fux-impede-publicidade-infantil-e-uso-de-verba-social-em-apostas
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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