The Court of Justice of the Federal District and Territories (TJDFT) issued a decision in favor of NSX Brasil. The company operates the brands Betnacional, Mr. Jack Bet and Pagbet. The organizations EDUCAFRO Brasil and the Human Rights Defense Center “Padre Ezequiel Ramin” filed the Public Civil Action.
The action aimed to suspend the platforms’ activities in Brazil and to obtain a ruling for collective moral damages. The amount requested was R$500 million, and the claim was that there were flaws in the mechanisms for protecting children and adolescents.
The decision, issued by the 1st Children and Youth Court of the Federal District, denied the request for urgent relief. The request aimed to suspend the operation of the betting platforms.
According to Judge Evandro Neiva de Amorim, the documents proved that NSX Brasil obtained the authorization required by the Ministry of Treasury. Furthermore, the brand implemented the necessary biometric systems to prevent access by minors, as determined by Ordinance SPA No. 1,231/2024.
Justice reinforces legality in the operation of NSX Brasil
In its decision, the court reinforces the legality of the operation of betting platforms in Brazil, as well as the adoption of regulatory measures required to ensure compliance with child and youth protection standards.
Lawyers Bernardo Cavalcanti Freire and Leonardo Henrique Roscoe Bessa, partners at Betlaw, a law firm specializing in the betting sector, are responsible for defending NSX Brasil.
“Considering that it was proven, in the records, that the defendant obtained the authorization to operate for a period of five years, it is concluded that the security mechanism indicated by the plaintiffs themselves and required by the Ministry of Finance was duly implemented”, states the decision.
The judge also decided not to punish NSX Brasil based on the Consumer Protection Code. In his opinion, he made it clear that the services offered by the company are for adults, thus ruling out the characterization of a consumer relationship with minors.
Finally, the case is still ongoing and the plaintiffs are still required to present new evidence that proves the ineffectiveness of the biometric systems adopted by the company. They also need to justify their request for access to NSX Brasil’s financial and registration data.
