A ruling from acting judge Adílson Fabrício has confirmed the suspension of Pixbet Soluções Tecnológicas Ltda’s operations across Brazil. After examining an interlocutory appeal submitted by the company, the judge rejected its request to lift the suspension, sustaining the preliminary injunction previously issued by the Campina Grande Court for Children and Youth.
This injunction arose from a public civil action initiated by the Padre Ezequiel Ramin Human Rights Defence Centre alongside Educafro Brasil. The court ordered that Pixbet remains suspended until it can demonstrate that it has implemented effective age verification mechanisms, specifically a facial recognition system with liveness detection for each login and financial transaction.
In its defense, Pixbet claimed that it already employs a facial biometrics system that aligns with federal regulations and the guidelines laid out by the Secretariat of Prizes and Bets (SPA). The company also argued that the lower court's ruling overstepped legal boundaries, exceeded the authority of the federal regulator, and was issued by a court that lacked the jurisdiction to enforce a nationwide suspension.
The judge, in his ruling, underscored the necessity of prioritizing the protection of children and adolescents as stated in the Constitution and the Statute of the Child and Adolescent. He emphasized that the judiciary is obligated to take preventive actions when there exists a risk to young people, asserting that private economic interests must not take precedence in these matters.
Fabrício pointed out that online betting necessitates robust security measures to prevent minors from accessing such platforms. He noted that any potential failure in the verification mechanisms disqualifies the service as adequate. Moreover, he asserted that while technical certifications exist, they do not guarantee that the platform’s systems are flawless.
The ruling also cited the precautionary principle, conveying that protecting children and adolescents from potential risks justifies urgent interventions without needing to demonstrate actual harm. The decision dismissed claims that the Campina Grande court lacked jurisdiction to enforce a nationwide order. The judge noted, "The Children and Youth Court of Campina Grande, Paraíba, therefore had jurisdiction to issue a nationwide ruling, given that the alleged harm (and the company’s activity) is national in scope, pursuant to Article 93, II, of the Consumer Protection Code (CDC)."
Thus, while the interlocutory appeal was admitted for review, the request for a stay of execution was denied, confirming the nationwide suspension of Pixbet until it proves effective access control for 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 court stated. The final ruling reflects that the criteria outlined in the Code of Civil Procedure (CPC) are not satisfied, leading to the rejection of the request for a stay of execution.
