On Friday, Brazil’s Attorney General’s Office (AGU) contended that certain provisions of the laws legalizing betting in the country are unconstitutional. In a formal statement submitted to the Supreme Federal Court (STF), the AGU urged the court to declare laws 13.756 from 2018 and 14.790 from 2023 as incompatible with the Brazilian Constitution. The office claimed that these laws fail to provide adequate protection and lack mechanisms to prevent harm to public health, family well-being, and the economic framework.
The AGU highlighted a number of concerning impacts stemming from gambling, such as increased family debt, vulnerabilities faced by children and adolescents, and negative effects on the formal economy. In particular, it noted a staggering 140% rise in the care provided by the Unified Health System (SUS) to 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 in its appeal.
The office further argued that the laws incorporate "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."
Minister Luiz Fux, who is overseeing the matters at the STF, has inquired about the provisional measure that prohibits betting in Brazil, which was put in place by President Luiz Inácio Lula da Silva on September 25. Fux also ruled that the AGU has 72 hours to respond to this case, a period the AGU had requested following the initial lawsuit. During this interval, the AGU submitted a new lawsuit to the STF, revising certain aspects of its argument and benefitting from the initial 72 hours they anticipated while now gaining an additional 72 hours for their response.
