Brazil ministries withhold documents behind betting prohibition

The Casa Civil and the Ministry of Justice have reportedly placed secrecy on the documents behind the ban on betting. The ban was introduced by Provisional Measure 1.394/2026, which prohibited fixed-odds betting and online games in Brazil.

The Casa Civil, headed by Miriam Belchior, denied access-to-information requests on 29 October. Its Special Secretariat for Legal Affairs (SAJ) confirmed that it drafted a legal opinion on the measure. The Casa Civil said that opinion, the submissions of other bodies and the minutes of meetings with consulted sectors are covered by lawyer-client professional secrecy under the Statute of the Legal Profession. It also said all other documents in the administrative process were sent to the SAJ to support the legal opinion and are therefore covered by the same protection.

The Ministry of Justice reportedly classified all documents used to formulate the measure as reserved for five years. The classification document was signed on 24 September by Victor Fernandes, secretary of digital rights. The ministry states that disclosure would endanger the life, safety or health of the population. The document also cites a high risk to the country's financial, economic or monetary stability.

The Ministry of Sport replied on 3 November, after an extension of the deadline, to an access-to-information request. Its National Secretariat for Sports Betting and Economic Development of Sport said it found no formal consultation of the ministry on the subject before the measure was issued. The secretariat also said it located no studies, technical notes or opinions on the effects of the ban on sports integrity.

Decree 7.724/2012, which regulates the access-to-information law, says access to a preparatory document used as the basis of a decision is to be ensured from the issue of the act or decision. The measure was issued on 25 September. Experts consulted for the report contested the Casa Civil's position. Bruno Morassutti of Fiquem Sabendo said the interpretation creates, in practice, secrecy with no expiry date.

The measure locks the Chamber of Deputies agenda on 9 November and lapses on 4 March 2027 if it is not voted. The joint committee does not yet have a rapporteur. At the Supreme Federal Court, Justice Luiz Fux has just heard the government and the sector at a public hearing.