Brazilian Appeals Judge Upholds Nationwide Suspension of Pixbet Over Age Verification Failures

Acting Judge Adílson Fabrício of the Paraíba Court of Appeals has denied Pixbet Soluções Tecnológicas Ltda's request to lift a preliminary injunction, keeping the betting platform suspended across Brazil. The decision, handed down on review of the company's interlocutory appeal, affirms an earlier ruling from the Campina Grande Court for Children and Youth that ordered the suspension until the operator demonstrates the deployment of robust age-verification technology, including facial recognition with liveness detection for every login and every financial transaction.

The original injunction stemmed from a public civil action brought by the Padre Ezequiel Ramin Human Rights Defence Centre and Educafro Brasil. In its appeal, Pixbet argued that it already uses facial biometrics and complies with federal law and Secretariat of Prizes and Bets (SPA) regulations. The company also claimed that the lower court's order exceeded legal requirements, trespassed on the federal regulator's authority, and was issued by a court without jurisdiction to impose a nationwide ban.

Rejecting those arguments, Judge Fabrício emphasised that the constitutional and statutory protections granting absolute priority to children and adolescents override private economic interests. He stated that the judiciary must act preventively whenever minors are at risk. The rapporteur further observed that online betting demands a high standard of security to bar underage access, and that even the possibility of verification failures constitutes a service defect. Technical certifications, he noted, do not guarantee the infallibility of the systems employed.

Invoking the precautionary principle, the judge held that in cases involving child protection, the danger of harm stems from exposure to risk itself; proof of actual, realised damage is not required to justify urgent relief. On the jurisdictional question, he cited Article 93, II of the Consumer Protection Code (CDC), asserting that the Campina Grande Children and Youth Court had the authority to issue a nationwide measure because the alleged harm—and the company's activities—are national in scope.

Admitting the interlocutory appeal for further review, the magistrate denied the stay of execution, finding no likelihood of success on the merits. "There is no likelihood of the appeal succeeding, whereas suspending the contested decision could cause serious and irreparable harm to children and youth," the ruling stated. The suspension remains in effect until Pixbet demonstrates effective mechanisms for preventing underage access.