Brazilian court grants three betting operators interim relief over authorisations
Regulation2 min read
A TRF3 appeals judge granted interim relief on 3 November to Casa de Apostas, BetSul and Jogo Online over the cancellation of their betting authorisations. The ruling applies only to those three operators; the judge described the cancellation as confiscatory, while the wider dispute over Provisional Measure 1.394/2026 remains before the courts.
TRF3 appeals judge Adriana Pileggi granted interim relief on 3 November to Casa de Apostas, BetSul and Jogo Online over the cancellation of their betting authorisations. The order does not cover other betting operators.
Pileggi described the withdrawal of the authorisations as confiscatory, noting that each company had paid R$30m for its authorisation. She said public interest did not give the executive unlimited power to change what had been established in law. She warned of risks to confidence in public administration contracts and to the principle of good faith.
Brazil's betting prohibition took effect when Provisional Measure 1.394/2026 was published on 25 September 2026. The deadline for users to withdraw their balances was 5 October, and the authorisations expired on 25 October. Under Law 14.790/2023, operators had received five-year authorisations for a fixed fee of R$30m.
The finance ministry said 85 companies were authorised by SPA to offer fixed-odds betting. The Treasury will not refund the R$30m authorisation fees paid by companies licensed by the ministry, according to a memorandum circulating among European and Asian embassy trade attachés.
The AGU filed a lawsuit against 17 online betting operators seeking at least R$1bn for collective moral damages and reimbursement of public health system spending on treatment for gambling addiction.
Flutter said it was considering all available options, including an appeal, after the measure. In 2024, Flutter invested about $350m to acquire 56% of NSX, the owner of Betnacional.
Federal Supreme Court president Edson Fachin indicated that challenges to the measure would be heard jointly with other cases, at the request of Flávio Dino and with Luiz Fux's support. No date has been set for the hearing. Congress has not yet installed the measure's joint committee; its initial deadline is 23 November, and the measure expires on 4 March 2027 if it is not voted on.