The Paraíba Court of Appeals Upheld the Suspension of Pixbet in Brazil

The Paraíba Court of Appeals confirmed the suspension of the betting platform Pixbet Soluções Tecnológicas Ltda across all of Brazil. Judge Adílson Fabrício dismissed the company's appeal against the temporary suspension issued by the Court for Minors in Campina Grande. This decision was made as part of a public civil action filed by the Padre Ezequiel Human Rights Center and the Educafro Brasil organization.

Reasons for the Suspension of Pixbet

Initially, the court in Campina Grande ordered the suspension of Pixbet's activities until effective technological solutions for user age verification were demonstrated. Among the requirements is the use of facial recognition with liveliness detection at every login and transaction.

Pixbet stated in its appeal that it already employs biometric facial recognition systems and complies with federal legislation and regulations set by the Secretariat of Prizes and Betting. However, the judge noted that the protection of children and adolescents, as enshrined in the Constitution and the Statute for Children and Adolescents, prevails over private economic interests.

The Role of the Precautionary Principle

The court's ruling emphasizes that online betting activities require a high level of security to prevent access by minors. The possibility of failures in verification mechanisms is regarded as a defect in service. The judge also referenced the precautionary principle, stating that proof of actual harm is not required to justify urgent measures—risk alone suffices.

Jurisdiction and Rationale for the Decision

The judge rejected the argument that the Campina Grande court lacked jurisdiction to make a ruling at the national level. The court effectively confirmed that jurisdiction is justified as the alleged harm and company activities have a national character, which aligns with Article 93, paragraph II, of the Consumer Protection Code.

Expectations for Further Implementation

The court listened to the appeal but denied it, emphasizing that the requirements outlined in Article 995 (single paragraph) and Article 1,019, I, of the Civil Procedure Code were not met. Thus, the suspension remains in effect until effective measures for controlling minors' access to the platform are demonstrated.

“There is no likelihood of a successful appeal, whereas overturning the contested decision may cause serious and irreparable harm to children and adolescents,” the ruling states.