The Paraíba Court of Appeals, under the authority of acting judge Adílson Fabrício, has confirmed the suspension of operations for the betting platform Pixbet Soluções Tecnológicas Ltda across Brazil. In his assessment of an interlocutory appeal submitted by the company, Fabrício refused to lift the suspension, affirming the original injunction issued by the Campina Grande Court for Children and Youth.
This decision follows a public civil action initiated by the Padre Ezequiel Ramin Human Rights Defence Centre and Educafro Brasil, which argued for Pixbet's suspension until the platform can adequately demonstrate the implementation of age verification technologies. Specifically, the platform is required to utilize facial recognition with liveness detection for every login and financial transaction.
In its appeal, Pixbet stated that it already implements a facial biometrics system and claims its operations comply with federal laws and the Secretariat of Prizes and Bets (SPA) regulations. The company challenged the authority of the lower court's ruling, asserting that it overstepped legal boundaries and that the court lacked the jurisdiction to enforce a nationwide ban.
Judge Fabrício responded by emphasizing the paramount importance of protecting children and adolescents, as mandated by both the Constitution and the Statute of the Child and Adolescent. He highlighted that the judiciary must proactively address any potential risk to minors, asserting that economic interests cannot supersede these protective measures.
Fabrício pointed out the necessity for stringent security standards in online betting to safeguard against minors’ access. He indicated that even the potential for failures in verification systems indicates a flaw in the service provided, and emphasized that technical certifications do not guarantee the systems' infallibility.
The decision also invoked the precautionary principle, asserting that the risk to minors is inherent in exposure to online gambling, making the need for protective actions urgent, even without actual harm being established.
Contrary to Pixbet's argument regarding the jurisdiction of the Campina Grande Court, Fabrício clarified that this court rightly issued a nationwide ruling because the company's activities and the associated risks have nationwide implications, as per Article 93, II, of the Consumer Protection Code (CDC).
While admitting the interlocutory appeal for examination, the judge rejected the request to suspend the execution of the initial ruling. Thus, the suspension of Pixbet will remain enforced until the company can provide effective mechanisms to control access for minors.
The court underscored, "There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth." Therefore, the judge maintained the suspension order until the necessary compliance is achieved.
