backThe Court of Justice of the State of Rio Grande do Sul has ordered two online betting platforms to exclude from their systems a consumer diagnosed with gambling disorder, following financial losses exceeding BRL 129,000. The decision was issued by Justice Sérgio Fusquine Gonçalves of the Nineteenth Civil Chamber, in ruling on an appeal filed by the bettor, who alleged that the companies failed to comply with statutory responsible gambling obligations, particularly in the face of clear signs of compulsive behaviour.
According to the claimant, the platforms not only failed to adopt preventive measures but also allegedly encouraged continued betting through the offer of bonuses and the sending of notifications. The claims had been dismissed at first instance; however, upon review, the reporting justice emphasised that gambling disorder is a psychiatric condition recognised by the World Health Organization and that it significantly impairs an individual’s self-control. In his view, it is unreasonable to require the bettor to rely solely on self-exclusion mechanisms as the only means of restraint, and judicial intervention is justified to safeguard the health and dignity of a vulnerable consumer.
On the other hand, the court rejected the request for the Central Bank of Brazil to block financial transactions directed to online betting platforms. The justice held that such a measure would exceed the Central Bank’s remit, which is focused on macroeconomic regulation rather than the individual monitoring of consumer transactions. As a result, the order excluding the bettor from the platforms was upheld, subject to a daily fine in the event of non-compliance, while the proceedings continue under judicial secrecy.
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