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Brazilian Court orders betting platforms to exclude compulsive gambler

Ruling recognizes the individual’s gambling addiction as a serious illness and shifts responsibility to operators.

3 min read
Brazilian Court
Key Points
A Brazilian court has ordered two online platforms to permanently exclude a diagnosed compulsive gambler
The decision recognizes gambling disorder as a serious psychiatric condition and rejects reliance on self-exclusion tools
Operators were found to have a legal duty to monitor and intervene in high-risk betting behavior

The Court of Justice of Rio Grande do Sul, a state in Brazil, has ordered two online platforms to exclude a compulsive gambler from their systems.

Under penalty of a daily fine in the event of non-compliance, the decision was issued by Justice Sérgio Fusquine Gonçalves.

The case stems from a lawsuit filed by an individual who claims to have developed gambling disorder after engaging in compulsive betting. 

According to court filings, the financial losses linked to the activity exceeded BR129,000 ($23.986). 

The plaintiff sought the annulment of the bets placed, as well as compensation for material and moral damages.

The claimant argued that the platforms failed to comply with responsible gambling obligations set out in Brazil’s betting law and related regulations. 

He alleged that, instead of identifying harmful behavior, the operators encouraged him to continue gambling through frequent notifications and bonus offers.

At first instance, the court denied requests to exclude the bettor from the platforms and to block betting-related transactions via the Central Bank. 

The decision was appealed to the state court.

In his ruling, Justice Gonçalves emphasized that gambling disorder is a serious psychiatric condition recognized by the World Health Organization, which significantly impairs an individual’s self-control. 

He rejected the argument that self-exclusion tools alone are sufficient protection.

“Requiring a compulsive gambler to self-exclude is equivalent to asking a chemical dependent to stop consuming a substance by sheer willpower,” the Judge wrote.

The court held that operators have a legal duty to actively monitor user behaviour and intervene when signs of addiction are identified. 

On that basis, the Judge ordered the immediate exclusion of the plaintiff from the platforms as a protective measure grounded in human dignity and consumer health.

The decision marks a significant precedent in Brazil’s betting market, reinforcing that responsibility for preventing gambling-related harm does not rest solely with the player, but also with licensed operators.

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