Minas Gerais Court of Justice maintains suspension of Free Fire player

The 11th Civil Chamber of the Court of Justice of Minas Gerais dismissed the appeal filed by a player from the game Free Fire, in which it was requested the anticipation of appeal protection to reactivate your account in the virtual game. It was understood that the probability of the player’s right was not proven, due to the company’s conduct maintaining compliance with the terms of use established between the parties, maintaining the first degree decision.

The objective of the game is to survive, among dozens of players, enemies within a safe zone, with the obligation to reposition themselves from time to time. In Brazil, the Brazilian Free Fire League has three divisions and 18 teams in the A series, which also participate in international competitions, such as the world cup and the Copa America. With more than 100 million installations in the mobile version, the game provided the developer company with revenues of over R $ 18 billion in 2020.

The appeal was lodged against an interlocutory decision that denied the interim relief, understanding that the account suspension and the smartphone lock occurred in strict compliance with the terms of use accepted by the appellant. In the interlocutory appeal, the gamer pleaded that the company responsible for the game be required to reactivate his account “under the same conditions as it was on the date of its suspension” and to unblock his smartphone’s access to the game environment.

The applicant claimed that he dedicated himself “for 2 years, about 10 hours a day to that game, having assumed‘ a prominent position among the 1% best players ’”, intending to become professional. In addition, he argued that the blockade occurred without prior notification, as well as the damage to personal reputation in the game and the impossibility of having the virtual goods acquired in that environment.

The company responsible for the game explained that the account was permanently suspended “for the use of suspicious / unauthorized software within the game”, and the account was “caught in the automatic hack detection system seven times on the date close to the blockade” ”And denounced by“ 43 opposing players throughout the detection period ”. He added that the player was served on three occasions when he administratively questioned the company about the suspension.

In the vote of the rapporteur, it was considered that the probability of the aggravating right was not configured, as “the illegality of deleting the account of the recurring party in the game ‘Free Fire’ has not been demonstrated. This is because the company’s Terms of Use, accepted by the recurring party, stipulate the possibility of closing the Account and User ID for any reason, at the company’s sole discretion, without prior notice or liability to the player or third parties.

Wilson Sales Belchior