On Friday, Brazil’s Attorney General’s Office (AGU) asserted that certain provisions within the laws that legalized betting should be deemed unconstitutional. The AGU submitted a statement to the Supreme Federal Court (STF), arguing that laws 13.756 from 2018 and 14.790 from 2023 are incompatible with the Brazilian Constitution. The office contends that these laws fail to adequately protect public health, familial integrity, and the economic structure.
The AGU highlighted a range of detrimental effects associated with gambling, including escalating family debts, insufficient safeguards for children and adolescents, and adverse impacts on the formal economy. They noted a staggering 140% increase 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 stated.
The AGU described the current 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, who is overseeing the case at the STF, solicited information from the government regarding President Luiz Inácio Lula da Silva’s provisional measure that suspended betting in Brazil, issued on September 25.
Fux has given the AGU a period of 72 hours to comment on this matter following its initial lawsuit. The AGU had specifically requested this timeframe to respond adequately after the first legal action. During this interval, the AGU has amended its lawsuit, addressing some points of argument and now has an additional 72 hours to submit its new case.
