A regulação das apostas esportivas no Brasil: desafios contemporâneos e contribuições do direito comparado

Abstract

This paper analyzes the regulation of sports betting in Brazil in light of comparative law, primarily referencing the British model established by the Gambling Act 2005. It observes that the Brazilian scenario, despite recent regulatory advances such as the enactment of Law No. 14.790/2023, is still characterized by regulatory gaps, a lack of uniform oversight mechanisms, and insufficient protection for consumers and vulnerable groups. In contrast, the United Kingdom has a consolidated regulatory system guided by three fundamental objectives: preventing the use of betting for illicit purposes, ensuring transparency and fairness in operations, and protecting children and individuals susceptible to harm from gambling. The research indicates that incorporating these principles, adapted to national conditions, contributes to institutional strengthening, increased legal certainty, promotion of compliance practices, and prevention of crimes such as money laundering and match-fixing. Furthermore, it highlights the need for specific policies to protect minors and vulnerable groups in Brazil, considering the social risks associated with the expansion of betting platforms. It is concluded that the British experience constitutes a valuable reference for the improvement of Brazilian regulations, not for simple legislative transposition, but as a fundamental principle for the construction of an efficient, transparent regulatory model aligned with fundamental rights.