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Brazil Supreme Court blocks lower-court appeals against betting suspension

Regulation1 min read

Brazil’s Supreme Federal Court Minister Luiz Fux suspended lower-court appeals challenging Provisional Measure 1,394/2026, which halted regulated online gambling, pending a final Supreme Court decision. Fux acted after Prosecutor-General Paulo Gonet argued that conflicting lower-court rulings were creating legal uncertainty; challenges must now proceed at the Supreme Court or through congressional action on the measure.

Appeals in lower courts against the measure suspending regulated online gambling in Brazil have been frozen by Supreme Court Minister Luiz Fux, according to the source. The freeze on challenges to Provisional Measure 1,394/2026 will remain in place until the Supreme Court issues a definitive decision.

Fux acted after Prosecutor-General Paulo Gonet argued that differing lower-court rulings were creating legal uncertainty. Gonet sought to end isolated rulings that could have allowed some operators to retain monopolies or near monopolies, the source said.

Stake had temporarily secured permission to keep operating in October, while CDA Gaming received permission from the Federal Regional Court of the 3rd Region for its BetSul, Casa de Apostas and Jogo Online brands the following week, according to the court's ruling.

The Supreme Court has received submissions opposing the ban from trade associations and other industry groups. Fux heard representatives of government, media, sports and civil society at a public hearing that began on 3 November.

Challenges must now await the Supreme Court's final ruling or congressional action to approve, amend or reject the measure. Congress has received 99 amendments to the measure ahead of votes in the Chamber of Deputies and Senate.

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

Brazilian Supreme Federal Court justice Luiz Fux said on 3 November that his view was that online betting should be prohibited, during a public hearing on the government’s ban. He said the court still needed to consider legal certainty and economic consequences, and that his personal assessment was not a court decision.

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.

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