Jogos de aposta no Brasil e a vulnerabilidade do apostador na relação de consumo

Abstract

This dissertation addresses, from a legal-dogmatic perspective, the legal regime of fixed-odds betting (bets) in Brazil, highlighting contemporary challenges related to the protection of diffuse and collective consumer rights amidst the exponential growth of this market. It analyzes the existing legal framework, notably Law No. 14,790/2023, regulatory ordinances from the Ministry of Finance, and the Consumer Defense Code, emphasizing the importance of constitutional principles such as human dignity, objective good faith, and consumer protection. The study explores the vulnerability of betting users, highlighting legal and social risks arising from pathological dependence (gambling disorder), over-indebtedness, and abusive practices by digital platforms. It also examines oversight mechanisms, civil and administrative liability of operators, and instruments aimed at fraud and money laundering prevention, demonstrating the need for continuous regulatory improvement. The research discusses the current legislative panorama and legislative proposals under consideration, including initiatives to prohibit sector advertising, reinforcing the urgency of normative harmonization and promotion of social justice within the microsystem of electronic betting. Thus, this dissertation contributes to the development of academic and jurisprudential debate, providing support for legislative improvement and effective protection of vulnerable consumers’ rights in the context of fixed-odds electronic betting