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Brazil’s Supreme Federal Court hears challenge to fixed-odds betting ban

Regulation2 min read

In brief

  • Brazil's Supreme Federal Court held a public hearing on 3 November on Provisional Measure 1.394/2026.
  • The measure bans fixed-odds betting and provides for cancellation of operators' authorisations.
  • The National Association of Games and Lotteries filed the action and seeks suspension of the measure.
  • The hearing did not mean a final ruling would be issued that day.
Supreme Federal Court building in Brasília (2025)
Supreme Federal Court of Brazil · Pedro França / Agência Senado · CC BY 2.0

Brazil's Supreme Federal Court held a public hearing on 3 November on Provisional Measure 1.394/2026, starting at 10:00 Brasília time. The measure bans the operation of fixed-odds betting and provides for the cancellation of authorisations granted to companies in the sector.

Justice Luiz Fux convened the session, which forms part of Direct Action of Unconstitutionality 8027. The National Association of Games and Lotteries filed the action, asking for the measure to be suspended and questioning its constitutionality.

The hearing now brings together 34 entities, bodies and associations. The justice accepted new additions that the Attorney General's Office (Abogacía General de la Unión) had requested. The list includes the ministries of finance, health, and justice and public security, as well as the Attorney General's Office, the National Confederation of Industry, the National Confederation of Commerce and the leading business associations in betting. Brazilian football is also represented, by delegates from Flamengo, Corinthians, São Paulo, Fluminense, Botafogo and Cruzeiro and by the Brazilian Football Confederation. Every participant is allotted ten minutes to speak. The court's official channels carry the session publicly.

The future of the licences and the investments made by operators is one of the main points of conflict. Companies that entered the regulated market face the possibility that their authorisations could be voided as a result of the ban. The National Association of Games and Lotteries argues that the measure runs counter to the constitutional framework and asks that the legislation regulating betting in Brazil remain valid. Holding the hearing did not mean the court would issue a final ruling that day on the constitutionality of the ban.

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Lula says betting ban is permanent as Congress and Supreme Court weigh MP 1.394/2026

Brazil's president Luiz Inácio Lula da Silva said during a YouTube live on 22 October that betting would not return, calling the sector a plague. The ban rests on provisional measure MP 1.394/2026, which Congress must vote on by 23 November and which faces three Supreme Court actions.

Brazil's president Luiz Inácio Lula da Silva said during a YouTube live on the evening of Thursday 22 October that betting would not return to operation in Brazil. The ban rests on provisional measure MP 1.394/2026, which Congress must deliberate on and which is the subject of three Supreme Court actions. The report said Lula spoke as though the prohibition depended only on his decision.

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