A REGULAMENTAÇÃO DAS APOSTAS DE QUOTA-FIXA E JOGOS ONLINE NO BRASIL: UMA ANÁLISE DA TUTELA JURÍDICA DO APOSTADOR-CONSUMIDOR SOB A PERSPECTIVA DA LUDOPATIA, HIPERVULNERABILIDADE E PUBLICIDADE

Abstract

This research analyzes the regulation of online gambling in Brazil, with an emphasis on Law No. 14,790/2023 and ordinances from the Secretariat of Prizes and Bets (SPA). It investigates whether the current regulatory framework protects gamblers from the harms associated with gambling addiction, given the aggressiveness and economic interests involved in the market. It is based on the understanding that the State, as the guarantor of public health, has a role in regulating activities that may put the population at risk, with online gambling being a growing challenge that requires a protective stance. The study adopts a descriptive and exploratory approach, using the deductive method, based on bibliographic and documentary research, and is structured around three main axes: (1) analysis of the historical evolution of gambling in the country, demonstrating the ambiguity of the relationship between the State, moralistic prohibition, and economic pragmatism. (2) details the new regulatory framework, analyzing the concepts and rules established by Law No. 14,790/2023 and the ordinances of the Secretariat of Prizes and Bets. (3) critically analyzes the sufficiency of mechanisms to combat gambling addiction, characterizes gamblers as "hypervulnerable consumers," and critiques responsible gaming policies and industry advertising. The analysis concludes that the legislation is insufficient, as it prioritizes tax revenue over public health, failing to entrust protection to self-control tools and mechanisms that prove ineffective for individuals with the condition. The study argues that gamblers are hypervulnerable consumers, whose condition requires more comprehensive legal protection, especially given the aggressive marketing strategies used by platforms. It concludes that for legalization to avoid becoming a new social problem, it is essential that regulatory policy reorient its priorities, placing health at the center, with robust mechanisms and greater investment in the prevention and treatment of gambling addiction.