Federal courts leave 19 Brazilian betting cases without an active injunction against MP 1,394

No injunction is in force in any of the 19 cases brought against Medida Provisória 1.394/2026 before Brazil's federal courts, according to a review of the TRF1 and TRF3 systems. The review, carried out on 26 October, found three refused injunctions, one injunction suspended, two cases dismissed, three transfers of jurisdiction and the ANJL collective action stayed pending a decision by the Supreme Federal Court (STF).

Of the 19 cases, 18 were filed by operators, a state lottery and a citizen, and one by the Associação Nacional de Jogos e Loterias (ANJL). Authorisations granted by the Secretaria de Prêmios e Apostas (SPA/MF) lapsed on Sunday 25 October, the day of the second round of the elections, leaving companies that had sought individual protection in the lower courts without it.

The ANJL collective security mandate (case 1114596-86.2026.4.01.3400) is stayed. On 22 October the 21st Federal Civil Court of the Federal District ordered the suspension until the STF rules on ADI 8024, and the decision was published on 26 October. ADI 8024 is among the concentrated-control actions against the MP assigned by prevention to minister Luiz Fux, who is also rapporteur of ADIs 8027 and 8028. Fux indicated he would decide after the second round.

In the TRF1, the Futuras Apostas security mandate (1114566-51.2026.4.01.3400) was dismissed without resolution of the merits on 8 October, with the 21st Civil Court of the Federal District denying the security for lack of procedural conditions; the company filed a clarification motion on 13 October. The BPX Bets Sports Group case (1115351-13.2026.4.01.3400) was declared outside the competence of the 1st Civil Court of the Federal District on 22 October and redistributed by dependency, and has been ready for decision since 23 October.

The Logame do Brasil ordinary action (1109459-26.2026.4.01.3400) is before the 17th Civil Court of the Federal District with no decision, its last movement dated 16 October. A popular action by Filipe Matias Barbosa Ramos against president Luiz Inácio Lula da Silva and others (1109428-06.2026.4.01.3400) is at the citation stage, also in the 21st Court, with no decision recorded in recent movements.

In São Paulo, the only injunction obtained was by Stake Brazil (5030862-66.2026.4.03.6100). The partial decision of the 9th Federal Civil Court allowed operations until 25 October but was suspended by the TRF3 presidency at the request of the União, through Suspensão de Liminar e de Sentença 5032238-54.2026.4.03.0000. The main case continues: the União submitted information on 21 October and the company filed a new petition on 23 October.

Three operators had injunction requests refused. BetBoom (5031415-16) was refused on 21 October by the 13th Civil Court, which also ordered the initial petition amended, and the company filed a clarification motion the following day. EB Intermediações e Jogos (5031411-76) was refused on 23 October by the 14th Civil Court, and CDA Gaming (5031432-52) on 23 October by the 26th Civil Court, after the originally designated judge had declared himself suspect on 14 October.

The joint action of Galera Gaming and F12 do Brasil (5031468-94) was dismissed by sentence of the 2nd Civil Court on 23 October for withdrawal and absence of procedural requirements, and an appeal was filed on 24 October. The Sistema Lotérico de Pernambuco (5031491-40) requested withdrawal on 22 October, and the request awaits homologation in the 6th Civil Court.

Two cases changed court. Sortenabet Gaming (5031417-83) was sent to the 1st Federal Court of Barueri after a competence decline on 13 October and has been ready for decision since 16 October. In the Foggo Entertainment case (5031405-69), there was a decision in judicial duty on 10 October, and the 1st Civil Court declared itself incompetent on 16 October.

Three actions have no decision on an injunction, only routine orders: B3T4 International Group (5031407-39, 12th Civil Court), EA Entretenimento e Esportes (5031590-10, 9th Civil Court) and H2 Licensed (5031575-41, 1st Civil Court), the last with an order dated 26 October. A Zeroumbet Plataforma Digital security mandate (5007941-50.2025.4.03.6100), filed before the MP, was distributed in March 2025 to the 14th Civil Court and has been ready for judgment since November last year.

The review's tally records no injunctions in force, three refused (BetBoom, EB Intermediações and CDA Gaming), one suspended by the court (Stake), two dismissed (Futuras Apostas and Galera/F12), one withdrawal pending homologation (Sistema Lotérico de Pernambuco), three competence declines (Sortenabet, Foggo and BPX), one collective action stayed pending the STF (ANJL), five without a decision on an injunction (B3T4, EA Entretenimento, H2 Licensed, Logame and the popular action) and one action predating the MP awaiting sentence (Zeroumbet).

The review states that federal judges have avoided ruling on the constitutionality of a measure already under Supreme Court analysis, and that the stay of the ANJL action formalises that tendency. It adds that Fux may deny the requests, suspend the MP or modulate the effects of a decision, for example maintaining sports betting while prohibiting online gaming, and that a decision with retroactive effect would be the only way to restore the authorisations until Congress examines the provisional measure.