A responsabilidade civil das casas de apostas online à luz da Lei 14.790/2023

Abstract

This paper analyzes the civil liability of online betting platforms under Brazilian Law No. 14,790/2023, which regulates fixed-odds betting in the country. The study begins with the observation that, although the new legislation represents a regulatory milestone, it fails to provide clear rules regarding the hypotheses and limits of civil liability for operators, especially in cases of service failures, vitiated consent, abusive advertising, and manipulative digital practices. Although Article 27 of the law ensures the rights established in the Consumer Protection Code, the lack of technical guidelines for digital-specific situations undermines the effectiveness of user protection. The methodology applied was a bibliographic and documentary review, based on doctrine, case law, national legislation, and international experiences. The study supports the supplementary application of the Consumer Protection Code and the Civil Code to address normative gaps and ensure balance in legal digital relations. It also examines the potential civil liability of digital influencers who promote betting platforms, particularly in cases involving misleading advertising or formal partnerships, grounded on Article 14, §1, of the Consumer Protection Code. The conclusion reinforces the need for protective jurisprudence and the development of specific normative guidelines to promote legal certainty and effective redress for users harmed in the digital betting environment.