Key Moments:
- The ANJL submitted a Technical Note to the Secretariat of Prizes and Betting (SPA) questioning the constitutionality of the new API of Restricted Users under the SIGAP system.
- Laws published on October 1, 2025, automatically ban Bolsa Família and BPC beneficiaries from fixed-odds betting sites, sparking concerns of legal overreach and operational challenges.
- The ANJL has argued that the policy could drive affected individuals toward unregulated betting platforms and undermine responsible gaming initiatives.
Debate Ignited Over New Betting Restrictions
The Brazilian gaming sector has entered a phase of heightened discussion following a Technical Note issued by the National Association of Games and Lotteries (ANJL) to the Secretariat of Prizes and Betting (SPA) within the Ministry of Finance. This communication, dated September 22, challenges the constitutional foundation of the recently unveiled “API of Restricted Users,” integrated into the SIGAP system. The API automates the exclusion of Bolsa Família and Continuous Benefit Program (BPC) beneficiaries from participating in fixed-odds betting sites by their taxpayer identification numbers.
Legal Overreach and Constitutional Concerns
The set of regulations, which appeared in the Federal Official Gazette on October 1, 2025, aims to shield vulnerable groups from online gambling activities. However, the ANJL contends that these measures exceed the boundaries set by the Supreme Federal Court (STF) and bring up questions regarding constitutionality, legitimacy, and possible unintended effects.
Precedents and Supreme Court Rulings
The Technical Note highlights references to the STF’s ruling in Direct Actions of Unconstitutionality (ADIs) 7721 and 7723, reaffirmed during the plenary session in November 2024. The STF’s judgment barred beneficiaries from using social benefit funding for gambling, but did not extend to gambling with other sources of funds. The new API, by indiscriminately banning all recipients, is seen as a potential violation of both legal and constitutional principles, as per the ANJL.
Potential Shift to Unregulated Betting Platforms
Beyond legal considerations, the ANJL foresees practical risks linked to a blanket exclusion. Plínio Lemos Jorge, president of ANJL, stated, “Instead of protecting Bolsa Família and BPC recipients, the action could push them into the illicit betting sector, which does not have responsible gaming safeguards, no limits on spending or time, and no state regulation. This would increase the risks of insolvency and compulsive gambling“, he argued.
The association maintains that such a shift would contradict the government’s push for responsible gaming, potentially reducing the positive impact of regulatory efforts in Brazil’s gambling sector.
Civil Rights and Principles of Public Service
The ANJL cites Law No. 13.460/2017, under which citizens are entitled to proper public service and protection from unauthorized restrictions. From this point of view, enforcing an automatic ban could infringe on civil liberties by limiting access to regulated platforms without explicit legal support. Furthermore, the ANJL underscores the dangers of establishing precedents for arbitrary restrictions, asserting that it poses risks to both civil rights and the rule of law.
Operational and Technical Hurdles for Operators
The Technical Note further brings attention to the technical demands imposed on betting companies. The API’s requirement for real-time compliance and enforcement introduces considerable operational challenges. Lemos Jorge explained, “Though this aspect is not yet fully defined in the current regulations, the Association has been conducting training seminars, workshops, and publishing guidelines in an effort to guide the market through this process“. He also noted that adapting to the new API means operators face a higher degree of complexity in their technological processes and reporting obligations.
Industry-Wide Policy Debate Continues
This action by the ANJL highlights the growing policy controversy within Brazil’s licensed betting industry. Regulatory authorities are working to safeguard vulnerable communities, while industry leaders and legal specialists caution against potentially unconstitutional and counterproductive restrictions. The resolution of these issues will shape the future of responsible gambling policies and define the operational landscape for the country’s emerging betting sector.
| Date | Event |
|---|---|
| September 22 | ANJL submits Technical Note to SPA |
| October 1, 2025 | Laws published in the Federal Official Gazette implement API of Restricted Users |
| November 2024 | STF plenary session confirms ADIs 7721 and 7723 judgment |
- Author
Daniel Williams
