Paraíba Court Confirms Nationwide Suspension of Pixbet

The Paraíba Court of Appeals has upheld the suspension of Pixbet Soluções Tecnológicas Ltda, a nationwide measure originally ordered by the Campina Grande Court for Children and Youth. Acting judge Adílson Fabrício denied Pixbet's request to stay the execution of this decision, reinforcing a preliminary injunction driven by a public civil action from the Padre Ezequiel Ramin Human Rights Defence Centre and Educafro Brasil.

Age Verification Requirements

The suspension mandates that Pixbet implement comprehensive technological mechanisms for age verification before operations can resume. These include facial recognition with liveness detection for every login and financial transaction. Pixbet's appeal argued compliance with existing federal legislation and regulations set by the Secretariat of Prizes and Bets (SPA) and claimed the lower court's decision exceeded legal requirements.

Emphasis on Child Protection

Judge Fabrício emphasized the constitutional priority of protecting children and adolescents over private economic interests. He cited the need for the judiciary to take preventive measures when children's safety is at risk. The principle of precaution guided the decision, stressing that potential failures in system verification were enough to constitute a service defect.

Judicial Authority and Nationwide Effect

The ruling confirmed the Campina Grande Court's jurisdiction to impose a nationwide suspension under Article 93, II, of the Consumer Protection Code. The reach of alleged harm, national in scope, justified this authority. Despite Pixbet's appeal, the decision remains effective until the platform can prove the implementation of mechanisms ensuring secure access by minors, thus safeguarding against potential harm to youth.

Court's Rationale and Legal Framework

Judge Fabrício also noted that technical certifications alone were insufficient evidence of system reliability. The ruling stressed that actual harm didn’t need to be demonstrated to justify emergency measures aimed at child protection. He concluded that suspending the contested decision could lead to serious and irreparable harm, failing to meet the criteria outlined in Articles 995 and 1,019, I, of the Code of Civil Procedure.

Next Steps for Compliance

For Pixbet to resume operations, demonstrating effective age verification technology is necessary. This highlights the broader industry challenge of balancing compliance with regulatory expectations while maintaining operational viability in the Brazilian market.