Paraíba Court of Appeals upholds Pixbet’s suspension throughout Brazil
Acting judge Adílson Fabrício upheld the decision to suspend the operations of the betting platform Pixbet Soluções Tecnológicas Ltda nationwide.
Upon reviewing the interlocutory appeal filed by the company, the magistrate denied the request for a stay of execution. He maintained the preliminary injunction granted by the Campina Grande Court for Children and Youth, which had ordered Pixbet’s suspension.
The initial ruling granted a public civil action filed by the Padre Ezequiel Ramin Human Rights Defence Centre and Educafro Brasil. The measure mandates that the platform remain suspended until it demonstrates the implementation of effective technological mechanisms for age verification. This includes facial recognition with liveness detection for every login and financial transaction.
In its appeal, the company argued that it already employs a facial biometrics system. It claimed compliance with federal legislation and the regulations of the Secretariat of Prizes and Bets (SPA). It also contended that the lower court’s decision exceeded legal requirements, encroached upon the jurisdiction of the federal regulator and was issued by a court lacking the authority to impose a nationwide measure.
In his ruling, the magistrate emphasised that the comprehensive protection and absolute priority accorded to children and adolescents by the Constitution and the Statute of the Child and Adolescent take precedence over private economic interests. He stated that the judiciary must adopt preventive measures whenever there is a risk to children and young people.
Principle of Precaution
The rapporteur noted that online betting activities require a high level of security to prevent access by minors. In his view, the mere possibility of failures in verification mechanisms constitutes a defect in the provision of the service. According to the ruling, the existence of technical certifications does not prove the infallibility of the systems used by the platform.
Another ground cited was the precautionary principle. The judge held that, in actions aimed at protecting children and adolescents, the danger of harm arises from the exposure to risk itself. He reasoned that proof of actual, realised harm is not required to justify granting urgent relief.
The decision rejected the argument that the Campina Grande Court lacked jurisdiction to issue a measure with nationwide effect. “The Children and Youth Court of Campina Grande, Paraíba, therefore had jurisdiction to issue a nationwide ruling, given that the alleged harm (and the company’s activity) is national in scope, pursuant to Article 93, II, of the Consumer Protection Code (CDC),” he noted.
The magistrate admitted the interlocutory appeal for review but denied the request for a stay of execution. He upheld the decision ordering the nationwide suspension of the platform. The measure remains in effect until substantive mechanisms for controlling access by minors are demonstrated.
“There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth,” the decision stated. “Therefore, having admitted the interlocutory appeal, and finding that the requirements set forth in Articles 995 (sole paragraph) and 1,019, I, of the Code of Civil Procedure (CPC) have not been met, I deny the request for a stay of execution.”