SPORTS BETTING AND REGULATION IN LIGHT OF THE CONSUMER PROTECTION CODE: CHALLENGES, PERSPECTIVES, AND SOCIAL IMPACTS ON THE BRAZILIAN LEGAL SYSTEM

Abstract

Introduction In recent decades, technological advancements have transformed consumer relations, especially with the expansion of digital services. In this context, online activities involving risks to users have grown, demanding greater attention from the legal system. The ease of access to virtual platforms and the intense dissemination on social networks have broadened the reach of these practices, reaching an increasingly diverse and vulnerable public. This context demonstrates the need for effective legal protection mechanisms, given the asymmetry of information between suppliers and users. Digital advertising, often attractive and persuasive, can induce consumers to make hasty decisions without fully understanding the risks. Furthermore, the actions of digital influencers reinforce this scenario, since their power of persuasion directly impacts followers, not always observing the duties of transparency and good faith. Therefore, it is essential to analyze how the principles of civil liability and consumer protection can be applied to ensure balance in these relationships. The lack of effective oversight and the difficulty in holding the agents involved accountable contribute to legal uncertainty and financial and social losses. Thus, this study seeks to examine the effectiveness of available legal instruments to ensure consumer protection in the digital environment, in the face of the challenges of new forms of consumption and the growing influence of the media. Objective: To analyze, from a legal and social perspective, the application of the Consumer Protection Code (Law No. 8.078/1990) to sports betting and online gaming activities, which were regulated by Law No. 14.790/2023, seeking to understand how the Brazilian legal system can ensure effective and swift protection for consumers in the face of abusive practices and the influence exerted by digital platforms and influencers.