FALTA DE LEGISLAÇÃO PARA PUNIR A AÇÃO DOS CAMBISTAS: DESAFIOS LEGAIS E CONSEQUÊNCIAS DA ATUAÇÃO DE CAMBISTAS EM EVENTOS NO BRASIL

The study investigated the lack of specific legislation against ticket scalping, a practice where event tickets are resold at prices above their original value, commonly seen at musical and cultural events in Brazil. While scalping at sports events is penalized under the General Sports Law and the Statute of the Fan, there is no direct legislation covering cultural and musical events, creating a significant legal gap. The research revealed that although Law No. 1.521/51 penalizes speculative practices in general, there is no direct provision for the abusive resale of tickets for concerts and cultural events. The study also examined the effectiveness of current legislative proposals, such as PL 3.115/23, which aims to criminalize digital scalping and impose penalties for such practices. It was identified that unfair practices by scalpers, such as using bots and mass purchasing tickets, complicate enforcement. The lack of specific regulation and ineffective controls harm consumers and distort the market. The study concludes that more robust legislation, combined with advanced enforcement mechanisms and increased public awareness, is essential to combat scalping and protect consumer rights.