(AsiaGameHub) –   The court ruled that the bets were placed voluntarily and dismissed the platform’s liability.

Brazil.- The 3rd Special Civil Court of Anápolis, in Goiás, rejected a lawsuit brought against Novibet, in which a player sought the cancellation of sports bets made on the platform. The gambler had also requested the return of approximately R$ 50,000 (€8,500) in betting losses plus R$ 10,000 (€ 1,700) as compensation for moral damages.

In the lawsuit, the plaintiff claimed he began using the platform in 2022, prior to the regulation of online gambling in Brazil last year, and that a recreational habit had developed into a case of gambling addiction, officially diagnosed as Gambling Disorder. According to the court records, the gambler asserted that the operator had failed to implement effective blocking and warning measures as required by responsible gambling policies.

However, Novibet’s defense maintained that all bets were placed voluntarily by a legally competent adult and emphasized that the company offers control tools such as deposit limits, alerts, and self-exclusion options.

In her judgment, Judge Luciana de Araújo Camapum Ribeiro first denied a motion questioning the jurisdiction of the Special Court and determined that technical expertise was unnecessary to assess the case. Upon reviewing the substance of the claims, the magistrate observed that betting contracts are inherently aleatory and that the risk of loss is an integral part of the activity. The ruling further clarified that a diagnosis of gambling addiction, by itself, does not invalidate legal transactions conducted by a person with full legal capacity.

According to the decision, there was no evidence of a service failure by the platform, fraudulent conduct, or unjustified retention of funds. The judge also stated that holding the operator accountable for the user’s financial losses could create legal uncertainty and promote risky behavior among other players. Consequently, the court dismissed any civil liability attributed to the platform.

The ruling also noted that Ordinance SPA/MF No. 1,231/2024 sets out guidelines for monitoring and promoting responsible gaming but does not impose on operators the duty to safeguard clients’ financial lives. During her reasoning, the judge referenced similar rulings from the Court of Justice of São Paulo in cases involving requests for reimbursement of losses incurred on online betting platforms, where the prevailing view was that such transactions were made voluntarily.

The decision also nullified preliminary injunctions previously issued in the case.