Paraíba Court Upholds Suspension of Pixbet in Brazil

The Paraíba Court of Appeals, presided over by Judge Adílson Fabrício, decided to maintain the suspension of operations of the betting platform Pixbet Soluções Tecnológicas Ltda throughout Brazil. Upon reviewing the appeal filed by the company, the magistrate denied the request to lift the precautionary measure initially ordered by the Childhood and Youth Court of Campina Grande, which had approved a public civil action submitted by the Father Ezequiel Ramin Human Rights Defense Center and Educafro Brasil. The measure mandates that the platform remains suspended until effective technological mechanisms for age verification are implemented, including facial recognition with liveness detection for each login and financial transaction.

Pixbet's Claims

In its appeal, Pixbet argued that it already employs a facial biometric system and claimed to comply with federal legislation and the regulations of the Secretary of Prizes and Betting (SPA). The company asserted that the lower court's decision exceeded legal requirements and claimed that the court lacked the authority to impose a nationwide measure.

Protecting Minors as a Priority

The magistrate emphasized that the protection of minors, in accordance with the Constitution and the Child and Adolescent Statute, prevails over private economic interests. "The judiciary must adopt preventive measures in light of the risk to children and adolescents," he stated.

Precautionary Principle

The rapporteur argued that online betting activities require high levels of security to prevent underage access. The possibility of failures in verification mechanisms is seen as a service defect. The existence of technical certifications does not guarantee the infallibility of the systems, he added. The judge emphasized that, in protecting children and adolescents, the risk itself justifies preventive actions, without the need for evidence of actual harm.

National Scope of the Measure

The decision reaffirmed that the Childhood and Youth Court of Campina Grande had jurisdiction to issue a nationwide measure, based on Article 93, item II, of the Consumer Protection Code (CDC), given the national character of the alleged harm and the company's activities. The judge admitted the appeal for review but maintained the national suspension of the platform. Until substantial mechanisms for controlling minors' access are demonstrated, the measure will remain in effect: "There is no likelihood of success in the appeal, and suspending the contested decision could cause serious and irreparable harm to children and youth,” concluded the ruling.