A Brazilian court has upheld the nationwide suspension of betting operator Pixbet Soluções Tecnológicas Ltda, ruling that the platform must stay offline until demonstrating that its age verification systems provide effective protection against underage gambling.
Acting judge Adílson Fabrício rejected the company’s interlocutory appeal and refused to suspend an earlier injunction issued by the Campina Grande Court for Children and Youth. The original order followed a public civil action brought by the Padre Ezequiel Ramin Human Rights Defence Centre and Educafro Brasil.
Pixbet was required to implement better technological safeguards, including facial recognition with liveness detection for every customer login and financial transaction. The company argued that it already operates a facial biometric system, complying with federal law and regulations issued by Brazil’s Secretariat of Prizes and Bets.
It also claimed the lower court exceeded its legal authority and imposed obligations beyond existing regulatory requirements.
Child protection takes priority over commercial interests, judge says
In his ruling, Judge Fabrício stressed that constitutional protections for children and adolescents outweigh private commercial interests when there is a credible risk of harm.
He argued that the judiciary has a duty to intervene before damage occurs, particularly in online gambling where minors may gain access through weak verification procedures. The judge also rejected Pixbet’s argument that the Campina Grande Court lacked authority to issue a nationwide order.
“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),” he noted.
Precautionary principle influences the court’s approach
A key part of the decision focused on the precautionary principle. According to the ruling, online betting platforms require robust security measures because even the possibility of minors accessing gambling services represents a huge risk.
The judge also stated that technical certifications alone do not prove that a verification system is incapable of failure. Instead, operators must demonstrate that their controls effectively prevent underage access.
Although the appeal will still undergo full judicial review, the court ruled there was no basis to pause the injunction during proceedings. “There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth,” the decision stated.
“Therefore, having admitted the interlocutory appeal, and finding that the requirements set forth in Articles 995 (sole paragraph) and 1,019, I, of the Code of Civil Procedure (CPC) have not been met, I deny the request for a stay of execution.”
The suspension will be upheld until Pixbet proves it has implemented effective mechanisms to prevent minors from accessing its platform.
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