In a recent ruling, acting judge Adílson Fabrício reaffirmed the suspension of Pixbet Soluções Tecnológicas Ltda's operations across Brazil. This decision followed the review of an interlocutory appeal presented by the company, which aimed to halt the enforcement of a previous order. The judge upheld the preliminary injunction originally issued by the Campina Grande Court for Children and Youth, mandating the cessation of Pixbet's activities.
This suspension stems from a public civil action initiated by the Padre Ezequiel Ramin Human Rights Defence Centre alongside Educafro Brasil, requiring that Pixbet remain inactive until it implements robust technological solutions for age verification. These solutions must include facial recognition combined with liveness detection for logins and financial transactions.
In its defense, Pixbet argued that it utilizes a facial biometrics system and adheres to both federal regulations and the standards set by the Secretariat of Prizes and Bets (SPA). Furthermore, the company claimed that the lower court's decision overstepped legal boundaries and operated without proper authority over nationwide mandates.
Judge Fabrício emphasized that the Constitution and the Statute of the Child and Adolescent prioritize the safety of children and adolescents over private economic interests. He asserted that preventive measures are necessary whenever there may be risks to young individuals.
He highlighted the importance of security in online betting and stated that any failure in verification protocols represents a significant flaw in service provision. Moreover, he pointed out that having technical certifications is not enough to guarantee the systems' reliability.
The judge also referenced the precautionary principle, explaining that potential risks to children justify urgent interventions even before any actual harm is demonstrated. He dismissed the arguments against the Campina Grande Court's jurisdiction, confirming that the court could appropriately issue a nationwide suspension due to the broad impact of the company's operations, aligned with Article 93, II, of the Consumer Protection Code (CDC).
While the appeal was allowed for further review, the request to stay the initial ruling was denied. Judge Fabrício maintained that the nationwide suspension of Pixbet would continue until effective mechanisms to restrict minor access are fully demonstrated. He asserted, "There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth." Consequently, he denied the stay request, emphasizing the requirements for such a request were not met under the Code of Civil Procedure (CPC).
