Justice Flávio Dino returns Brazil gaming case for Supreme Court analysis
Regulation2 min read
Justice Flávio Dino returned a case concerning Brazil’s ban on gaming operations for analysis by the Supreme Federal Court. The case concerns Article 50 of the 1941 Misdemeanor Act; the court has not announced when proceedings will resume, and rapporteur Luiz Fux has voted to retain the penalties.
Justice Flávio Dino has returned a case on whether gaming operations should remain a misdemeanour in Brazil. A date for resuming the trial has not been announced.
At issue in the case is the validity of the ban on gaming operations under Article 50 of the 1941 Misdemeanor Act. The regulation covers different gaming modalities and sets a fine alongside simple imprisonment of three months to one year. Justice Luiz Fux, the case's rapporteur, voted to retain the penalty.
The justice sought a pause for review in August amid discussion of a possible joint consideration with other betting-related lawsuits. Justice Dias Toffoli also favoured examining the related lawsuits jointly. At the session's close, Fux accepted the possibility of a joint trial after the 90-day period.
On 4 November, the court's plenary indicated that it might consider cases involving games, municipal lotteries, sports betting and online games together. The discussion came during a session in which justices heard oral arguments on whether municipalities have the authority to create and operate lotteries.
A provisional measure signed on 25 September by President Luiz Inácio Lula da Silva was the subject of a public hearing a day before the discussion. The measure suspended sports betting and online gaming nationwide, including their operation, provision and advertising. It faces a Supreme Court challenge, while the National Congress has yet to establish the joint committee tasked with reviewing it.
Senate President Davi Alcolumbre extended the measure's validity by another 60 days. The measure may remain in effect until March 2027, taking account of the suspension of deadline counting during the legislative recess.