Brazil’s Supreme Court suspends lower-court cases over betting ban
Regulation2 min read
Supreme Court Justice Luiz Fux suspended lower-court proceedings across Brazil that challenge the constitutionality of Provisional Measure 1.394/2026, which prohibits betting operators. The pause remains until the court decides four constitutional challenges and requires approval by the full court; no date for a final ruling was given.
Brazilian Supreme Court justice Luiz Fux suspended lower-court cases challenging the constitutionality of Provisional Measure 1.394/2026, which banned betting operators in Brazil. The suspension prevents operators from pursuing court cases to resume activity until the Supreme Court rules on the merits, for which no date has been set.
The order remains in effect until the Supreme Court reaches a final judgment on four constitutional challenges, ADIs 8.024, 8.027, 8.028 and 8.035, all assigned to Fux. Fux issued the order in ADI 8.027, brought by the National Association of Games and Lotteries (ANJL), and it still requires approval by the full court.
The order followed a petition filed on 6 November by the prosecutor general, who sought a nationwide suspension of cases concerning the measure's validity. The prosecutor general's office said lower-court decisions suspending the measure in individual cases created legal uncertainty and unequal application of the rules. Fux said the risk of conflicting decisions was heightened by the potential resumption of fixed-odds betting, which he described as harmful and carrying high social risk.
A São Paulo federal court had permitted Stake Brazil to continue operating until 25 October in an injunction issued on 8 October. On 3 November, the TRF3 regional federal court suspended the measure's effects for CDA Gaming, owner of Casa de Apostas, Betsul and Jogo Online. The TRF3 presidency had already overturned both injunctions at the federal government's request. Casa de Apostas was instructed to go offline at 9am on 9 November.
Since the measure was issued on 25 September, platforms and the ANJL have filed 19 federal court cases, including 14 in TRF3 and five in TRF1. All are now suspended.
Fux relied on article 21 of Law 9.868/1999, which allows the Supreme Court to order judges and courts to suspend proceedings concerning a rule under review. He applied by analogy a provision of Law 9.882/1999 permitting an injunction in cases of extreme urgency.
On 4 November, Supreme Court president Edson Fachin proposed a joint hearing of ADPF 1212, challenges to Law 14.790/2023, cases against the provisional measure and RE 966.177. The proposal came from justice Flávio Dino and was endorsed by Fux, and no date has been set.
The provisional measure's initial term ends on 23 November and is automatically extended. The joint committee has yet to be established, and 99 amendments have been submitted. If it is not put to a vote, the measure expires on 4 March 2027.