In a landmark decision, rendered in the context of Direct Actions of Unconstitutionality (ADIs) 7721 and 7723, the Brazilian Supreme Federal Court (STF) ordered the immediate application of precautionary measures that impose significant restrictions on fixed-odds betting advertising in Brazil.
The decision, issued by Minister Luiz Fux, aims to protect children, adolescents, and beneficiaries of social programs from the harmful effects of advertising and gambling.
The new rules, which follow the guidelines of the Brazilian Code of Self-Regulation of Advertising (CONAR), determine the immediate application of the terms of Ordinance No. 1.231/2024, strictly prohibiting gambling advertising in places frequented by minors under 18 years of age and in media with a child audience. In addition, the use of images of children and adolescents in gambling advertising campaigns is strictly prohibited.
Companies in the sector will also have to refrain from sponsoring youth or children’s events or teams, and the use of their brands on products intended for minors is prohibited.
The STF also determined that the federal government must adopt measures to restrict the use of resources from social and assistance programs (Bolsa Família, Continuous Benefit Benefit – BPC, and others) for online gambling.
The STF’s decision reflects the concern about the impacts of gambling advertising, as evidenced by a public hearing that preceded the decision. At this meeting, experts, representatives of government entities, and civil society presented data and arguments about the risks of exposing children and adolescents to gambling advertising. The public hearing, which was attended by more than 40 people, demonstrated the relevance of the discussion and the need for protective measures for the most vulnerable.
The STF’s decision represents an important step in the regulation of the gambling market in Brazil and demonstrates the Judiciary’s concern with protecting society from the risks associated with this practice.
