On Friday, Brazil's Attorney General's Office (AGU) contended that certain provisions of the recently enacted betting laws are unconstitutional. In a formal statement submitted to the Supreme Federal Court (STF), the AGU urged the court to rule that laws 13.756 of 2018 and 14.790 of 2023 conflict with the Brazilian Constitution. The AGU claims these laws fail to provide adequate safeguards and lack essential mechanisms to mitigate harm to public health, family integrity, and the economic structure.
The AGU pointed to several negative consequences associated with gambling, such as increased family debt, insufficient protections for children and adolescents, and detrimental effects on the formal economy. Notably, it highlighted a staggering 140% rise in care provided by the Unified Health System (SUS) to individuals suffering from gambling addiction-related issues.
“The reasons set forth above demonstrate that the regulatory framework of Laws No. 13.756/2018 and No. 14.790/2023 was extensively flawed,” stated the AGU's request.
The AGU further characterized the framework as exhibiting “an exploratory leniency that could not be reconciled with the adequate protection of fundamental rights of paramount importance, such as human dignity, public health, and the minimum subsistence level.”
In related developments, Minister Luiz Fux, the rapporteur for these matters at the STF, has solicited information from the government concerning a provisional measure that banned betting in Brazil, enacted by President Luiz Inácio Lula da Silva on September 25. On Friday, Fux specified that the AGU has 72 hours to respond to this request.
The AGU had initially requested this timeframe from the minister to address the case following the filing of the first lawsuit and subsequently lodged a new lawsuit with the STF, revising its arguments. With the granted time, it now has an additional 72 hours to present its comments.
