The Regulation of Fixed-Odds Betting: Regulatory Policy Formation in a Brazilian-Style Consequentialist Environment

Abstract

This article examines the regulation of fixed-odds betting in Brazil, focusing on the legislative process that led to the enactment of Law No. 14.790/2023. It highlights the conceptual framework of fixed-odds betting, encompassing sports-themed bets and virtual casino games. The analysis identifies betting as a potentially harmful economic activity and a public service subject to administrative law. Drawing on the concept of "Brazilian-style consequentialism," the article explores the rhetorical strategies used by parliamentarians during legislative debates, particularly "militant" and "trickster" consequentialism. These argumentative forms rely on generalized, abstract values or unverifiable negative consequences to oppose regulation. The study argues that while consequentialist reasoning is inevitable in legislative processes, its misuse can undermine the development of coherent public policies. The article concludes that regulating virtual betting requires balancing consumer protection with the economic realities of the industry, ensuring that legislative decisions are informed by empirical evidence rather than ideological biases.

Keywords: Gambling Regulation, Consumer Law, Public Policy, Consequentialism