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Brazilian Supreme Court pauses lower-court cases challenging betting ban

Regulation1 min read

Brazilian Supreme Court Justice Luiz Fux temporarily suspended lower-court cases challenging Provisional Measure 1,394/2026, which bans betting operators, pending a ruling on the merits. The measure’s future now rests with Congress: it has received 99 amendments, and will expire on 4 March 2027 if not voted on, the parliamentary debate said.

Brazilian Supreme Court Justice Luiz Fux has temporarily suspended lower-court cases challenging Provisional Measure 1,394/2026, which bans betting operators, pending a ruling on the merits. The decision rests on an opinion from the Prosecutor General’s Office, which identified at least 13 pending cases in São Paulo’s federal courts that could produce conflicting rulings.

Congress has received 99 amendments to the measure, most of which propose some relaxation of the general ban. The joint committee has not yet been formed and has no chair or rapporteur.

Political leaders consulted would consider allowing only sports betting while banning online games, journalist Marina Franceschini said. She raised concern that the ban could push bettors towards illegal sites without protection.

President Luiz Inácio Lula da Silva signed a provisional measure banning all betting operators in September; betting had been regulated under his government and operated for a long time. The measure’s initial deadline is in November, with a 60-day extension; it will expire on 4 March 2027 if Congress does not vote on it, allowing for the parliamentary recess.

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Brazilian editorial urges Supreme Court to uphold online betting ban

A newspaper editorial published on 8 November called on Brazil's Supreme Federal Court to uphold Provisional Measure 1.394/2026, which ended regulated online betting. The editorial cited R$144 billion allegedly diverted from retail to betting over two years; a commentary challenging that figure put regulated-market gross gaming revenue at R$56.97 billion over 18 months, using Ministry of Finance figures for 2025 and the first half of 2026.

A Brazilian newspaper editorial called on the Supreme Federal Court to uphold Provisional Measure 1.394/2026, while an opinion column on a Brazilian betting industry site challenged its economic arguments. The editorial acknowledged that the measure was electorally motivated and used the wrong legal instrument, and that President Lula had bypassed the urgency requirement.

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