As 2025 dawns, Brazil finds itself at a pivotal crossroads where economic freedom intersects with social responsibility. The full regulation of sports betting under Law 14.790/2023 promises substantial financial gains. Yet, the Brazilian Supreme Court’s recent injunction — imposing immediate restrictions on advertisements targeting minors and prohibiting the use of social assistance funds for gambling — ignited a debate as fierce as any soccer rivalry: How does a nation reconcile commercial freedom of expression with the imperative to shield minors and vulnerable consumers from potential harm? This debate is far from theoretical.

At the heart of the matter lies a constitutional tension. Article 170 of the Brazilian Constitution enshrines economic freedom, while Article 220 safeguards freedom of expression, including commercial speech. Yet, these freedoms are not absolute. Just as the First Amendment in the U.S. does not protect incitement or obscenity, commercial speech may yield when it collides with the public interest. Striking a balance between companies’ rights to promote their services and the government’s duty to safeguard public welfare will shape the trajectory of Brazil’s burgeoning betting industry.

In the United States, the landscape of sports betting underwent a seismic shift with the Supreme Court’s 2018 decision in Murphy v. NCAA. The court struck down the Professional and Amateur Sports Protection Act (PASPA), which effectively banned sports betting nationwide, arguing that it unconstitutionally commandeered state legislatures.

However, Murphy v. NCAA didn’t legalize sports betting across the U.S. Instead, it empowered individual states to regulate or prohibit it as they saw fit. This........

© Sports Business Journal