Brazil justice Luiz Fux says he believes online betting should be banned

Luiz Fux, a justice of Brazil's Supreme Federal Court, said at a public hearing on 3 November that his perception is that online betting should be banned. Fux made clear that this personal assessment is not a decision of the court.

The justice leading the review of the challenges to the online betting ban is Luiz Fux of Brazil's Supreme Federal Court. His remarks came as a public hearing opened to look at the effects of the government's move to shut the regulated market for sports betting and online games. According to Fux, his opinion on the activity was already formed after he listened to health organisations, consumer associations and other bodies in November 2024. Before the court decides, he sees a need to look at fresh arguments about legal certainty, the protection of contracts and the economic consequences. He added that his assessment must go before the remaining members of the Supreme Court. Fux also recalled that he had already set out his reservations about the effects of betting in an earlier court case, which was halted when justice Flávio Dino requested more time to study it.

President Luiz Inácio Lula da Silva approved Provisional Measure 1.394/2026 on 25 September. The measure prohibited the operation, marketing, intermediation and advertising of fixed-odds betting across the national territory. It also covers foreign companies that offer these services to people in Brazil. According to the Finance Ministry calendar, new deposits were banned from 25 September, the voluntary withdrawal period ended on 5 October, and platforms had to stop being available from 6 October.

The Asociación Nacional de Juegos y Loterías (ANJL) filed an unconstitutionality action seeking immediate suspension of the measure. The Instituto Brasileño de Juego Responsable (IBJR) has also challenged the ban. The sector's arguments include the withdrawal of authorisations granted under existing law, lost investment, the performance of existing contracts and the risk that players move to unlicensed platforms. The Supreme Federal Court officially confirmed the hearing in procedure 8027, one of the appeals against the measure.

Flamengo vice-president Flávio Willeman warned that losing betting-related revenue could mean a loss of about R$430m a year. Fluminense president Mattheus Montenegro put the economic impact on his club at R$200m. The source describes both amounts as estimates presented by the club representatives, not losses that have been definitively established. Representatives of Botafogo, Cruzeiro, São Paulo and Corinthians also asked that lawfully signed contracts be taken into account.

The Brazilian government has defended the ban on grounds of public health, household debt and consumer protection. Justice and Public Security Minister Wellington César Lima e Silva stressed the social harm linked to betting and the risks tied to organised crime and money laundering. Attorney General Jorge Messias also backed the executive's decision, arguing that the state can correct a regulatory model when it judges its social consequences to be harmful.

The make-up of the hearing drew controversy, since several organisations objected beforehand that clubs and companies hit by the ban would dominate. Fux answered by pointing out that the court had heard more than half a hundred specialists and representatives of social and health groups against betting in its 2024 sessions. The Attorney General's Office asked for a broader invitation list, and the justice extended it to cover the health and justice ministries and other organisations. In the end, 34 entities and institutions took part in Tuesday's session.

The court will have to examine whether the government could use a provisional measure to eliminate an activity that had been legalised, regulated and placed under a state authorisation system. The measure is also still moving through the National Congress, where 99 amendments have been filed. The 3 November hearing is not a final ruling and does not lift the ban.