The Paraíba Court of Appeals has upheld a ruling to suspend the operations of the betting platform Pixbet Soluções Tecnológicas Ltda across Brazil. Judge Adílson Fabrício reviewed the company's interlocutory appeal and denied its request to stay the execution of the suspension, maintaining a preliminary injunction issued by the Campina Grande Court for Children and Youth.
This initial ruling followed a public civil action initiated by the Padre Ezequiel Ramin Human Rights Defence Centre and Educafro Brasil, which required the suspension of Pixbet until it can prove that it has effective technological mechanisms for age verification in place. Among the mandated measures are facial recognition with liveness detection for each login and financial transaction.
In its defense, Pixbet argued that it already uses a facial biometrics system and claims compliance with federal law along with regulations from the Secretariat of Prizes and Bets (SPA). The company also contended that the lower court's ruling overstepped legal boundaries, interfered with federal regulatory jurisdiction, and was issued by a court without the authority to enforce a nationwide order.
The magistrate underlined that the Constitution and the Statute of the Child and Adolescent prioritize the protection of children and adolescents over private economic interests. He stated that preventive measures are necessary when there is a risk to minors.
Highlighting the need for stringent security in online betting to keep minors from access, the judge noted that any potential failures in verification systems reflect a flaw in the service provided. He emphasized that technical certifications do not guarantee the infallibility of such systems.
The principle of precaution was another factor in his ruling. The judge asserted that when protecting children and adolescents, the potential danger exists merely from the exposure to risk, without needing evidence of actual harm to justify urgent action.
The appeal also claimed that the Campina Grande Court lacked the jurisdiction needed to issue a nationwide ruling. However, the judge asserted that since the alleged harm related to the company's national operations, the court held the jurisdiction as per Article 93, II of the Consumer Protection Code (CDC).
The judge admitted the interlocutory appeal for review but maintained the nationwide suspension of Pixbet's operations. The suspension will remain until the company can demonstrate effective mechanisms to control access by minors. "There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth," the ruling stated. The judge emphasized that the requirements for a stay of execution had not been met under the Code of Civil Procedure (CPC).
