Lorencini, Bruno César2026-03-312026-03-312026SOUZA, Olímpia Tomaz Pereira. A constituição econômica e a responsabilidade civil decorrente dos danos pelo superendividamento e transtornos de jogo patológico causados pelas apostas on-line. Goiânia (GO), 2026. 136 f. Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2026.http://repositorio.unialfa.com.br/handle/123456789/757This dissertation examines Law No. 14,790/2023, which regulates fixed-odds betting in Brazil, from the perspective of the constitutional economic order, especially through the principles of human dignity, the social function of the economy, social justice, and consumer protection. It is based on the observation that the regulatory framework for online betting fails to establish effective mechanisms for preventing and compensating for damages arising from over- indebtedness and pathological gambling, thereby evidencing state omission and a lack of economic regulation, without imposing any real constraints on gaming platforms that cause harm to bettors. The research problem seeks to determine whether such regulatory insufficiency undermines the State’s constitutional duty to organize the economic domain and to protect consumers in a market characterized by high social risk. The study adopts a qualitative, descriptive, and exploratory approach, supported by normative, doctrinal, and empirical analyses, drawing upon data from the Central Bank of Brazil, the Federal Court of Accounts (TCU), and the National Confederation of Commerce, as well as theoretical references such as André Ramos Tavares, Marina Faraco Lacerda Gama, Bruno César Lorencini, Sérgio Cavalieri Filho, and Cláudia Lima Marques. The findings indicate that the current normative model presents a structural regulatory failure in consumer protection, as it neither prevents nor redresses damages, transferring the social costs of gambling activities to the State and to society. This analysis examines the possibility of consolidating a balanced and remedial regulation, based on shared responsibility between the State and platforms, with the adoption of mandatory limits, self-exclusion mechanisms, sectoral compensation funds, and public policies for prevention and financial education. It concludes that Law No. 14,790/2023 fails to ensure equitable treatment between bettors and online betting platforms, generating an imbalance that justifies compensation for damages. Regarding the State, such liability arises from legislative omission, as the externalized social costs are not internalized through effective regulatory mechanisms capable of fulfilling the constitutional values of Brazil’s Economic Order, which should harmonize free enterprise, social responsibility, and distributive justice.ptRegulação econômicaApostas on-line - Jogos de azarDefesa do consumidorOmissão estatal