THE CRIMINAL CLASSIFICATION OF ILLEGAL BETTING IN BRAZIL AND THE IMPLICATIONS OF LAW NO

Abstract

This study analyzes the criminal classification of illegal betting in Brazil and the legal implications resulting from the enactment of Law No. 14.790/2023, which established a new regulatory framework for fixed-odds betting in the country. The exponential growth of the sports betting market, especially through digital and international platforms, has created significant legal challenges for the Brazilian State, particularly regarding the distinction between lawful activities and clandestine practices. In this context, the research aims to understand how the Brazilian legal system criminally frames illegal betting activities and how the new legislation contributes to the repression, prevention, and supervision of such conduct. The methodology adopted consists of a qualitative bibliographic review based on Brazilian legislation, national legal doctrine, case law from higher courts, and scientific articles published between 2020 and 2025. Legal provisions from the Federal Constitution of 1988, the Brazilian Penal Code, the Criminal Misdemeanors Law (Decree-Law No. 3.688/1941), Law No. 13.756/2018, and Law No. 14.790/2023 were analyzed, as well as academic research on gambling regulation and its economic and social impacts. The findings indicate that Law No. 14.790/2023 represents a significant regulatory advance by establishing authorization requirements, oversight mechanisms, and consumer protection measures. However, important gaps remain in the criminal sphere, particularly regarding the absence of a specific criminal offense for unauthorized betting operators. The study concludes that although the new regulatory framework strengthens the administrative and economic control of the betting market, further development of criminal legislation is necessary to ensure effective repression of illegal betting activities and to safeguard sports integrity, consumer protection, and state revenue.