The Paraíba Court of Appeals has upheld a suspension on the operations of Pixbet Soluções Tecnológicas Ltda across Brazil. Judge Adílson Fabrício reviewed an appeal from the company but denied its request to stay the enforcement of the order. This ruling affirms a preliminary injunction issued by the Campina Grande Court for Children and Youth, mandating the suspension of Pixbet until it adopts robust technological measures for age verification, including facial recognition with liveness detection at each login and financial transaction.
Pixbet, in its appeal, contended that it already employs a facial biometrics system and complies with both federal laws and the regulations established by the Secretariat of Prizes and Bets (SPA). The company also claimed that the lower court's ruling went beyond legal boundaries, encroaching on federal jurisdiction while exceeding the authority of the court that issued the restriction.
In his judgment, Judge Fabrício emphasized the fundamental priority given to the protection of children and adolescents as mandated by the Constitution and the Statute of the Child and Adolescent. He asserted that preventing risks to young people necessitates judicial precautions, taking precedence over private business interests.
The judge indicated that online betting platforms necessitate stringent security measures to prevent minors from accessing the services. He noted that any potential weaknesses in the verification systems could signal a flaw in the service provided. Furthermore, he pointed out that existing technical certifications do not guarantee the absolute efficacy of the verification mechanisms employed by the platform.
The precautionary principle was another key aspect of his ruling. The judge highlighted that in matters involving the protection of minors, the mere potential for harm justifies urgent judicial intervention without needing to present evidence of actual damage.
Regarding jurisdiction, Judge Fabrício reaffirmed that the Campina Grande Court was indeed empowered to issue a nationwide measure since the company's activities and the hazards associated with them are of national relevance, in accordance with Article 93, II, of the Consumer Protection Code (CDC).
While the appeal was accepted for consideration, the request for a stay of execution was denied, maintaining the suspension of Pixbet's services until the company can prove it has effective measures in place to control access for underage individuals. The judge noted that allowing the platform to operate while the appeal is pending could result in severe, irreparable harm to children and young people.
"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. Consequently, while the interlocutory appeal was admitted for review, the suspension of Pixbet remains enforced until it can demonstrate compliance with the necessary regulations.
