Brazilian justice suspends lower-court challenges to betting ban

Brazilian Supreme Federal Court Justice Luiz Fux ordered lower courts to suspend cases challenging the constitutionality of the government's ban on sports betting and online gaming platforms. The decision prevents companies from obtaining new individual court authorisations to continue or resume operations for the time being.

The order was published on 9 November in connection with constitutional challenge ADI 8.027, brought by the National Association of Games and Lotteries, or ANJL. Fux made the decision individually and it still requires ratification by the full court. The suspension will remain in force until final decisions in four challenges assigned to Fux, ADI 8.024, 8.027, 8.028 and 8.035.

The Attorney General's Office requested the suspension on 6 November. It said lower-court decisions allowing certain companies to operate could create legal uncertainty and unequal application of the law.

The cases cited included those of Stake Brazil and CDA Gaming, whose brands include Casa de Apostas, Betsul and Jogo Online. A São Paulo federal court granted Stake an injunction on 8 October allowing it to operate until 25 October. The Third Region Federal Regional Court, TRF3, temporarily suspended the ban's effects on CDA Gaming on 3 November. The TRF3 presidency later revoked the decisions at the federal government's request. Casa de Apostas, which had resumed activity and was the only regulated platform still operating in Brazil, was ordered to stop operations at 9am on 9 November.

Brazil's government banned fixed-odds betting, including sports betting and certain online games, through a provisional measure with the force of law in September 2026. The decision ended companies' regulated-market authorisations early, prompting legal challenges. Since the measure was issued on 25 September, 19 actions were reportedly filed in Brazil's federal courts, including 14 in TRF3 and five in the First Region Federal Regional Court.

Fux cited article 21 of Law No 9.868/1999, which permits the Supreme Federal Court to suspend cases concerning a law whose constitutionality it is examining. He applied provisions of Law No 9.882/1999 by analogy and cited court rules and precedents. One precedent was ADI 7.774, assigned to Justice Flávio Dino, which led to a nationwide suspension of cases concerning the so-called soy moratorium. Fux cited social risks associated with fixed-odds betting and the possibility that conflicting court decisions could allow betting to resume as reasons for urgency. He had raised similar concerns at a public hearing on 3 November and in his vote on Extraordinary Appeal No 966.177 in August.

The order does not decide whether the ban is constitutional. The full Supreme Federal Court must still examine the measure's validity.