Betting Platforms (Bets) and the Duty of Care Towards the Gambler

Recent court decisions have recognized that fixed-odds betting operators (so-called bets) cannot simply offer the service: Law 14.790/2023 imposes active duties of responsible gambling on them, such as self-exclusion tools, financial limits, and monitoring of potentially compulsive behavior patterns.

In June 2026, the Court of Justice of Rio Grande do Sul ordered the immediate exclusion of a gambler from two platforms, under penalty of a daily fine, after recognizing a case of gambling addiction. The decision rejected the argument that it was up to the user to self-exclude, equating this requirement to asking a drug addict to stop using drugs on their own — and reinforced that the obligation to identify and contain risky behavior lies with the platform.

Points of attention for operators

• The duty of care is proactive: it is not enough to provide the self-exclusion tool; it is necessary to monitor usage patterns and act in the face of signs of compulsion.
• The absence of containment measures may generate civil liability for material and moral damages to the bettor, including a court order for compulsory exclusion.
• The discussion is progressing in parallel with that of gambling debts: according to the general rule of article 814 of the Civil Code, gambling debts are not legally enforceable, but the Betting Law has changed this scenario for legally authorized bets — a topic still being consolidated in case law.

Recommendation

Companies in the betting sector and financial institutions that operate in conjunction with these platforms must review their responsible gaming and credit granting protocols, documenting the monitoring measures adopted. Our team follows the evolution of jurisprudence on the subject and has been providing support to companies in the sector aimed at eliminating risks and ensuring legal compliance.

Article written by: Rafael Mello.