Brazil Supreme Court justice stays lower-court cases over betting ban
Regulation2 min read
Brazil Supreme Court Justice Luiz Fux stayed all lower-court cases challenging Provisional Measure 1.394/2026 on 8 November, pending rulings on four constitutional challenges. The Prosecutor General’s Office requested the stay on 6 November; the court must still confirm Fux’s injunction, while industry associations ANJL and IBJR’s request has not been decided.
Brazil’s Supreme Court Justice Luiz Fux has halted lower-court cases against the country’s betting ban, according to the report. The decision, signed on 8 November, pauses challenges to Provisional Measure 1.394/2026 until the court decides four constitutional challenges to the ban. The Prosecutor General’s Office filed its request on 6 November.
The PGR argued that individual lower-court rulings, including those involving Stake Brazil and CDA Gaming, had produced legal uncertainty and uneven application of the rule. Fux agreed, saying the potential for conflicting decisions was heightened by the possibility of allowing an activity considered harmful and socially risky. The PGR identified 13 cases, all before federal courts in São Paulo state.
Stake Brazil obtained an injunction in São Paulo on 8 October, but it was suspended the following day. An appeals judge cleared CDA Gaming’s Casa de Apostas, Betsul and Jogo Online on 3 November, though that ruling has since been suspended. No licensed operator is currently online in Brazil.
Industry groups ANJL and IBJR had sought a suspension of the MP from Fux on 28 September, three days after its signing. Instead of deciding, Fux convened a public hearing that took place on 3 November. IBJR said its challenge to the ban described the decision as hasty and a cause of serious legal uncertainty. The STF press office said there was no forecast for judgment and that Fux must release the cases for consideration.
Fux acted alone in granting an urgent injunction, which now requires confirmation by the plenary. The law assigns authority to suspend lower-court cases to the full court, with an absolute majority of its 11 justices required. The order could receive that backing in a virtual plenary session or a joint trial of the betting cases, which court president Edson Fachin signalled on 4 November. In older cases concerning the 2023 betting law, Dino has not yet returned files he requested for review.
In Congress, the MP’s first 60-day term concludes on 23 November, with an automatic extension to follow. Without a vote by lawmakers, it will lapse on 4 March 2027; the joint committee required to review it has not been established.