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Brazil AGU Challenges Betting Laws in Supreme Court

by Sienna Marques
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Brazil AGU Challenges Betting Laws in Supreme Court

On Friday, Brazil's Attorney General's Office (AGU) contended that certain provisions in the laws allowing betting are unconstitutional. In a 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 contradict Brazil's Constitution, citing inadequate protections and a lack of mechanisms to safeguard public health, family integrity, and economic stability.

The AGU pointed out several detrimental effects associated with gambling, including rising family debts, insufficient protection for minors, and adverse impacts on the formal economy. It highlighted a staggering 140% spike in care provided by the Unified Health System (SUS) for individuals suffering from gambling-related disorders.

"The reasons set forth above demonstrate that the regulatory framework of Laws No. 13.756/2018 and No. 14.790/2023 was extensively flawed," the AGU's request stated.

According to the AGU, the current framework encompasses "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 the latest developments, Minister Luiz Fux, who serves as the rapporteur for these matters at the STF, sought input from the government regarding the provisional measure that banned betting in Brazil, enacted by President Luiz Inácio Lula da Silva on September 25. On Friday, Fux granted the AGU 72 hours to address this issue, a timeframe originally requested by the AGU to respond to the first lawsuit filed. During this period, the AGU initiated another lawsuit with the STF, modifying aspects of its argument and securing the time it needed to respond alongside the additional 72 hours granted to them.

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