Brazil: Instituto Brasileiro de Jogo Responsável – Advocacia-Geral da União

Brazil.- October 2, 2026 | www.zonadeazar.com The Brazilian Institute of Responsible Gaming (IBJR) considers that the action filed by the Office of the Attorney General of the Union (AGU) against certain authorised fixed-odds betting operators lacks essential elements to support a claim of R$1 billion. A claim of this magnitude requires proof of the damage, demonstration of the causal link between that damage and the companies’ activities, and the individualisation of responsibilities, elements that, so far, have not been demonstrated.

It is also a cause for concern that an action of this significance contains several references to the tobacco industry, to the point that the Judiciary itself ordered its correction. For the IBJR, this shows that a billion-real claim against a regulated sector cannot be built by adapting arguments formulated for a completely different activity, without taking into account the legal and regulatory particularities of the fixed-odds betting market.

There is also an institutional contradiction that cannot be ignored. The Federal Government is seeking to hold companies liable for carrying out a legal, authorised and regulated activity under the Federal Government itself. Operators act under Law No. 14,790/2023 and the rules of the Secretariat of Prizes and Betting of the Ministry of Finance. Any liabilities must be determined individually, rather than through a generic attribution of responsibility to the regulated sector.

The IBJR also highlights that the constitutionality and limits of the betting regulatory model are already under discussion before the Federal Supreme Court and in related proceedings, under the rapporteurship of Justice Luiz Fux. In this context, a generic public civil action at first instance, with a billion-real claim, may indirectly anticipate a discussion already submitted to the Supreme Court, increasing legal uncertainty for the regulated market.

The Institute reaffirms its respect for the Judiciary and its confidence in the technical handling of the constitutional proceedings. It also reiterates its commitment to Responsible Gaming, bettor protection and market integrity. The IBJR supports evidence-based public health policies, rather than legal filings without empirical support.