Loot boxes in electronic games: a legal analysis in light of consumer law and the protection of children and adolescents

Abstract

This article analyzes the use of loot boxes in the electronic gaming industry from the perspective of consumer law and the legal protection of children and adolescents. Initially, it examines the historical evolution of digital games and the transformation of their monetization models, which shifted from the one-time sale of games to systems based on microtransactions and random rewards. In this context, loot boxes emerge as mechanisms in which the consumer makes a prior payment to receive virtual items determined by probability, a characteristic that brings this practice closer to the dynamics found in traditional gambling. The research investigates the legal nature of these mechanics, discussing the possibility of classifying them as a practice analogous to betting, as well as the challenges arising from the absence of specific regulation in the Brazilian legal system. The impacts of these practices on vulnerable consumers, especially children and adolescents, are also analyzed in light of the Consumer Defense Code and the Statute of the Child and Adolescent. The study also addresses the role of civil society organizations, such as ANCED, which have been legally challenging the lawfulness of these practices. Finally, it presents a brief comparative analysis of international experiences, highlighting the need for regulatory debate in Brazil in order to balance the economic freedom of the digital gaming industry with consumer protection.