The Civil Liability of Betting Operators and the Games Covered by Law n. 14,790/2023: an Analysis in Light of Consumer Legal Protection

Abstract

The regulation of fixed-odds betting in Brazil, introduced by Law 14.790/2023, marks a recent development in the legal system, providing specific guidelines for the operation, taxation and advertising of this activity, which was previously practiced in a diffuse manner and with limited oversight. The new legislation imposes obligations on operators, aiming for greater control over an expanding sector. However, there are still regulatory gaps, especially with regard to consumer protection and the civil liability of the companies involved, in the face of advertising strategies that often encourage excessive consumption and affect vulnerable groups, such as young people and people in situations of economic vulnerability. In this context, the present study aims to analyze the civil liability of betting operators due to the advertising practices adopted, as well as to discuss the legal and social risks inherent in the continuous exposure of the population to content that encourages the practice of games of chance without due transparency and responsibility, based on the Consumer Protection Code, self-regulatory standards such as those of CONAR and some of the principles that govern advertising in Brazilian law, such as truthfulness, transparency, non-abusiveness and objective good faith.