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Brazil Attorney General Calls Betting Laws Unconstitutional

by Sienna Marques
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Brazil Attorney General Calls Betting Laws Unconstitutional

On Friday, the Attorney General's Office of Brazil (AGU) claimed that certain provisions in the laws legalizing betting in Brazil are unconstitutional.

In a statement submitted to the Supreme Federal Court (STF), the AGU urged the court to declare Laws 13.756 of 2018 and 14.790 of 2023 incompatible with the Brazilian Constitution. It argued that these laws fail to provide adequate safeguards and do not implement necessary protections regarding public health, family safety, and economic stability.

The AGU highlighted numerous detrimental effects associated with gambling, including escalating family debts, insufficient protection for children and adolescents, and adverse impacts on the formal economy. Notably, the AGU reported a 140% rise in the care provided to individuals suffering from gambling addiction by Brazil's Unified Health System (SUS).

"The reasons outlined above demonstrate that the regulatory framework established by Laws No. 13.756/2018 and No. 14.790/2023 is deeply flawed," the AGU stated.

Additionally, the AGU described the framework as exhibiting a "leniency towards exploration" that undermines the essential protection of fundamental rights such as human dignity, public health, and the minimum standard of living.

Minister Luiz Fux, the rapporteur overseeing these matters at the STF, has sought information from the government about the provisional measure banning betting in Brazil, enacted by President Luiz Inácio Lula da Silva on September 25.

Fux has given the AGU 72 hours to respond to this matter. The AGU had requested this timeline from the minister in order to address the case following the initial lawsuit. During this period, the AGU also filed a new lawsuit with the STF, modifying its arguments. It initially received the timeframe it desired and now has another 72 hours to provide its response.

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