A decision was published today by Justice Luiz Fux, from the Federal Supreme Court (STF), partially granting the precautionary measures requested in two Direct Actions of Unconstitutionality (ADI), which aim to declare the Law of Bets unconstitutional. The decision determines that (i) the measures regarding advertising aimed at minors, as provided in Ordinance No. 1.231/2024 — which establishes rules for communication actions, advertising, and marketing in fixed-odds betting — shall take immediate effect, and (ii) the Ministry of Finance shall implement immediate special protection measures that prevent participation in fixed-odds betting with resources derived from social and assistance programs such as Bolsa Família, the Continuous Cash Benefit, and similar programs.
Thus, starting today, actions related to communication, advertising, marketing, and lottery advertising for fixed-odds betting are prohibited in places frequented by individuals under eighteen years of age; in media or programs where minors constitute the main audience; and on websites with an audience profile of minors; as well as using images of children and adolescents or particularly appealing elements for those under eighteen years. Additionally, from today onwards, all communication, advertising, and marketing actions, including in digital environments, must display age restrictions with the symbol "18+" or a warning stating "forbidden for minors under 18 years."
Betting companies are also prohibited from sponsoring children or adolescents; trying to influence or encourage minors to gamble; sponsoring events primarily aimed at children or adolescents; and sponsoring youth or children's teams. Moreover, the logo must not be included in products and goods marketed to minors, and products intended for adults may only be available to individuals under eighteen years if there is no reference to the betting company.
These obligations align with Annex X of the Brazilian Self-Regulation Advertising Code (CONAR), published in December 2023, which contains rules regarding betting advertisements, particularly emphasizing the need to protect minors. Annex X establishes, for instance, that messages are exclusively intended for an adult audience, meaning that children and adolescents cannot be participants or targets, and advertisements on social media should only use pages, blogs, channels, profiles, or influencers that have adults as their target audience. Furthermore, reproducing advertisements in promotional commercial materials, such as clothing, equipment, or products specifically designated for use by minors, is prohibited; these materials must not contain symbols or designs, among other visual, verbal, or written elements aimed at the youth audience.
The decision by the Federal Supreme Court reflects concerns about the alleged detrimental impacts of betting advertising on the mental health of minors, as well as on household budgets, particularly for beneficiaries of social and assistance programs. The decision was rendered following a public hearing held within the framework of the ADIs, which included the participation of over 40 individuals, including academics, foreign experts, government entities, representatives from the Executive Branch, the Federal Senate, the Attorney General's Office, Public Defenders, the Brazilian Bar Association, football clubs, and civil society in general.
