Brasilcon requests action in lawsuit against the Betting Law reported by Fux at the STF (Supreme Federal Court).
The Brazilian Institute of Consumer Policy and Law filed a request to act as amicus curiae in Direct Action of Unconstitutionality 7.721/DF at the Supreme Federal Court. The request was submitted on Monday (March 10) by lawyers Simone Maria Silva Magalhães and Claudia Lima Marques. The request is based on article 138 of the Code of Civil Procedure.
ADI 7.721/DF, proposed by the National Confederation of Commerce of Goods, Services and Tourism (CNC), questions the constitutionality of Law No. 14.790/2023, known as the Bets Law, which regulates fixed-odds sports betting in Brazil. Minister Luiz Fux is the rapporteur for the action.
The organization argues that the process involves constitutional and consumer protection issues with a direct impact on the daily lives of Brazilian consumers. Brasilcon maintains that its participation is necessary due to the technical complexity of the rights being discussed. The institute highlights the relationship between its institutional objectives and the issues that will be debated in the trial.
The document was addressed to the minister responsible for the case. The organization, based in Brasília, claims to fulfill the legal requirement of adequate representation. The institute maintains that the criteria of relevance of the matter, specificity of the topic, and social impact of the controversy are present.
Context of the action and public hearing
Minister Luiz Fux stated in November 2024 that the Betting Law needs immediate adjustments. During a conversation with journalists after the conclusion of the first stage of a public hearing on the impact of betting in Brazil, the magistrate declared that he will discuss the topic with the other branches of government to assess the need for a preliminary injunction, which has an immediate impact.
“We finished the first part of the hearing; we will have the second part later today, and the third (on Tuesday). In any case, the problems that were raised here, relating to underprivileged communities, mental health issues, and other serious problems that were highlighted, lead us to believe that this trial must be urgent,” said Fux.
The minister divided the discussion on the impacts of online betting in Brazil into eight thematic areas: technical issues associated with mental health and the neurological impacts of betting on human behavior; economic effects on commerce and its effects on the domestic economy; social consequences of this new regulatory framework; use of betting platforms for money laundering and other crimes; taxation and extra-fiscality in the betting sector; transparency of betting platforms; advertising and gamification tools in the betting sector; and the property rights of bettors.
Institutional trajectory and objectives
Brasilcon was created in 1992 by the authors of the preliminary draft that originated Law 8.078/1990, known as the Consumer Protection Code. The civil association has a scientific, technical, and educational character. Its bylaws define the entity as a national, multidisciplinary, non-profit organization with no party affiliation.
Among its institutional objectives is to promote the development of Consumer Policy and Law. The entity seeks to reconcile consumer protection with socio-economic development. The institute conducts research, studies, and the creation, collection, and dissemination of data on consumer protection.
The statute stipulates that the institute brings together national and international experts in the various disciplines of knowledge involved in consumer protection. The entity provides technical and scientific advice to consumer associations and official bodies. Brasilcon brings together jurists, professors, researchers, and academics dedicated to the study and development of Consumer Law.
The organization has national and international recognition in the field. The institute encourages international cooperation in the area of consumer protection. The sole paragraph of Article 2 of the bylaws establishes that the entity may carry out other activities compatible with its objective of promoting consumer rights.
Specialized events and publications
Brasilcon has supported, organized, or participated in over one hundred events related to consumer law. These activities include lectures, congresses, seminars, and academic and scientific events. The institute organizes the Brazilian Consumer Law Congress, which has now reached its seventeenth edition.
The organization publishes the Consumer Law Journal in partnership with Editora Revista dos Tribunais. The publication is in its 34th year. In recent years, the organization has contributed as amicus curiae in several judgments in the Superior Courts. These cases have promoted debates on consumer issues.
Performance at the Supreme Federal Court
Within the scope of the Supreme Federal Court, the institute participated in several high-profile judgments. Among its participations in the STF is Extraordinary Appeal 1.037.396/SP, general repercussion topic 987. In this case, the court recognized the partial and progressive unconstitutionality of article 19 of the Brazilian Internet Bill of Rights.
The institute submitted a written statement and made an oral argument at the public hearing held on March 28 and 29, 2023. The entity participated in the judgment sessions that took place between November 2024 and June 2025. Another relevant participation was in ADI 2.591/DF, proposed by the National Confederation of the Financial System. In this action, the subjection of financial institutions to the Consumer Protection Code was recognized.
Brasilcon acted in ADI 3.311/DF, proposed by the National Confederation of Industry. In that judgment, the following were considered “constitutional: restrictions on the advertising of smoking products, whether or not derived from tobacco, limited to the display of products at points of sale, and the imposition of a health warning accompanied by an image (...) Prevalence of the protection of health (art. 6, CF) and incidence of the priority protection of children and adolescents (art. 227, CF)”.
Requests and submitted documentation
In the document submitted to the Supreme Federal Court (STF), Brasilcon requests authorization to present written statements, briefs, and oral arguments during the hearing. The entity requests a specific deadline for submitting written statements. The request was accompanied by relevant documents, including a power of attorney, articles of association, and minutes of the general assembly electing the board of directors.
