Court decisions reinforce the autonomy of sports betting operators in user accounts

May 29, 2025

The Brazilian Judiciary Branch has consolidated an understanding that is favorable to sports betting operators in cases involving account freezing, limitations, and deactivation of functionalities on platforms.

 

Recent decisions issued in various states across the country have acknowledged that, provided the restrictions are clearly outlined in the Terms and Conditions accepted by users and comply with Responsible Gaming standards, such measures do not constitute illegality or abuse. On the contrary, they represent compliance with the legislation regulating the sector and ultimately aim to protect the users themselves.

 

In a ruling from the 16th Special Civil Court of the Regional Court of Jacarepaguá, Rio de Janeiro, the presiding judge in case No. 0800643-19.2025.8.19.0203 emphasized that account freezing, when based on the Terms and Conditions previously accepted by the user and on the Responsible Gaming policy, does not constitute abusive practice. The judge noted that the regulation of the sector actually requires operators to adopt measures that prevent practices that are harmful to users, including closing accounts in high-risk situations. Furthermore, she pointed out that the Responsible Gaming policy is a tool to prevent addiction and excessive use of the service, with the operator being responsible for intervening in the face of behaviors that deviate from healthy platform use.

 

Similarly, the 7th Civil Court of the Capital of Pernambuco, when reviewing case No. 0114525-21.2024.8.17.2001, acknowledged that the activities of electronic betting platforms are regulated by Law No. 14,790/2023 and that the Terms and Conditions of these platforms expressly establish the possibility of restricting functionalities, such as limiting betting amounts and disabling features. The decision emphasized that, by subscribing to the platform, the user accepts these conditions, which are clearly outlined in the contract of adhesion, and are common practices in the sector aimed at ensuring the integrity and security of operations. Thus, the platform can, with explicit notification to consumers, limit or change functionalities at any time without violating the Consumer Protection Code (CDC in Portuguese).

 

In a similar case, No. 0003954-70.2025.8.17.8201, the 14th Special Civil Court of Recife, Pernambuco, ruled against the request for reactivation of betting account functionalities, including the "End Bet" feature.

 

Since the consumer was explicitly warned in the Terms and Conditions of the agreement, there is no violation of the Consumer Protection Code due to this limitation. Especially considering the peculiarities of the amounts wagered by plaintiff, defendant must implement measures that prevent gambling addiction and indebtedness of bettors, as per current regulations, including ordinances from the Ministry of Finance,” emphasized the Court.

 

Another case, No. 0800422-97.2025.8.15.0251, judged by the 1st Mixed Special Court of Patos, Paraíba, reinforced the right of operators to unilaterally close bettors' accounts, provided there is prior notification and no balance to be redeemed. The decision highlighted that the prerogative for termination is mutual and does not infringe the CDC.

 

This set of decisions demonstrates that the Brazilian Judiciary Branch acknowledges the autonomy of sports betting platforms to manage their operations, provided they fulfill the obligation to provide clear information to consumers and comply with the regulations governing the sector. Recent court precedents indicate that it is essential for bettors to be aware of and respect the rules of the service under agreement, otherwise their claims for account reactivation or compensation for account freezing and limitations may not be met.

 

This position aligns with the already established trend in the Brazilian Judiciary Branch, noted in cases involving other digital platforms with various types of content and activities, in which the right of operators to manage and curb abuses by their users through restrictive measures has been supported and endorsed by the Courts of the Country, as long as these practices are outlined and regulated in the respective Terms of Use and are known to the parties involved.

Publication produced by our Consumer Affairs, Gaming & E-sports