Adílson Fabrício, an acting judge, has upheld the suspension of the betting platform Pixbet Soluções Tecnológicas Ltda across Brazil. The judge denied the company's request to stay the execution of the earlier decision, which had been issued by the Campina Grande Court for Children and Youth. This ruling mandated that Pixbet remain suspended until it can implement effective age verification technology, including facial recognition with liveness detection for all logins and financial transactions.
The initial suspension stemmed from a public civil action initiated by the Padre Ezequiel Ramin Human Rights Defence Centre along with Educafro Brasil. In its defense, Pixbet claimed it has already put in place a facial biometrics system and argues that it complies with federal laws as well as the regulations set forth by the Secretariat of Prizes and Bets (SPA). The company also contended that the lower court’s decision overstepped its legal authority and questioned the jurisdiction of a court to impose a nationwide suspension.
In his ruling, Judge Fabrício highlighted the Constitution and the Statute of the Child and Adolescent, asserting that the protection of children and adolescents takes precedence over private business interests. He stated that preventive measures must be implemented by the judiciary whenever there is a potential risk to youth.
The judge expressed concerns about online betting services requiring stringent safeguards to prevent access by minors, stating that any potential failures in verification mechanisms are seen as defects in service provision. He pointed out that technical certifications do not guarantee the infallibility of the systems employed by Pixbet.
Citing the precautionary principle, Fabrício argued that in matters concerning the safety of children and adolescents, the mere possibility of risk justifies prompt action. He indicated that it is unnecessary to demonstrate actual harm to secure urgent relief.
The ruling also addressed Pixbet's claims regarding the authority of the Campina Grande Court to issue a nationwide ruling, stating, "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)."
While the interlocutory appeal was acknowledged for review, the request for a stay of execution was denied, confirming the nationwide suspension of Pixbet until it effectively proves measures to control minor access. The judge concluded, "There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth."
