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Brazilian Supreme Court debates 1941 gambling offence under Constitution

Regulation

Brazil’s Supreme Federal Court is considering whether Article 50 of the 1941 Criminal Contraventions Law remains compatible with the 1988 Constitution. The prosecution argued that the provision should remain in force, while the defence challenged its continued validity; the court’s decision will have binding effect nationwide.

The ruling could determine whether operating gambling outside regulated forms remains a criminal offence across Brazil.

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Brazil Supreme Court hears arguments on proposed online betting ban

Brazil’s Supreme Court held a public hearing on the future of President Lula da Silva’s provisional measure to close the online gambling and sports betting market; no decision had been made. Justice and health ministers and the attorney general defended the measure, while football representatives described financial risks, including Flamengo’s reported 430 million reais in annual revenue at stake.

No ruling has yet been issued on whether betting will be prohibited in Brazil, the country's Supreme Court having overseen a public consultation that ran beyond ten hours. During that session, Justice Luiz Fux took testimony from public bodies, industry associations and football clubs, who set out their positions on the effects of President Lula da Silva's provisional measure. That measure was designed to shut down Brazil's online gaming and sports betting market roughly two years after it had begun operating.

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