TRF3 restores CDA Gaming authorisation pending final decision

Federal appeals judge Adriana Pileggi, of the Third Panel of the Federal Regional Court of the 3rd Region (TRF3), granted CDA Gaming Ltda interim appeal relief on 3 November. The decision provisionally restores the company's authorisation to offer fixed-odds betting, which Provisional Measure 1,394/2026 had extinguished. CDA Gaming operates the Casa de Apostas, Betsul and Jogo Online brands.

The decision applies only to CDA Gaming, the appellant. It sets aside the extinguishing effects of article 4 of the measure on the authorisation granted by Portaria SPA/MF no 255/2025, and, as far as needed to comply, the restrictions in article 7. It also sets aside the effects of Ofício no 1256/2026/GAB-SEDIGI/SEDIGI/MJ, issued by the National Secretariat for Digital Rights. The judge further ordered that the company's web domains, and the operational, financial and payment services essential to its activity, be restored. The measure lasts until a final judgment in the writ of mandamus or a new judicial decision, with applicable regulatory requirements and state supervision preserved.

CDA Gaming had appealed against a ruling of the 26th Federal Civil Court of São Paulo. That court had denied the injunction, holding that the public interest in protecting the population from the negative effects of betting should prevail over the legal certainty the company invoked. The operator said it had paid R$30m for the grant, valid until 31 December 2029. CDA Gaming asked for its activities to resume and, alternatively, for back-office systems, banking interfaces and customer service channels to be kept running so bettors could be refunded and information sent to regulators. The principal request was granted.

In the judge's view, the legal-certainty, reasonableness and proportionality principles are offended when authorisations are ended with so little notice. Article 62 of the Constitution governs provisional measures, and she regarded its requirements of relevance and urgency as not met. The rapporteur observed that the measure offers no return of the grant payment and no indemnity, which she said would amount to "um verdadeiro confisco". Her criticism extended to the daily fine of R$ 200 mil provided for in paragraph 2 of article 8. The government had argued that regulatory instruments did not ensure adequate protection for health, consumers, children and families. The judge concluded that such reasoning is unacceptable from a legal standpoint.

Under article 1,019, II, of the Code of Civil Procedure, the National Secretary for Digital Rights, the National Secretary for Public Security, the Finance Ministry's Secretary for Prizes and Betting and the president of the Central Bank were summoned to respond. The Union (National Treasury) is listed as an interested party. In the case of Stake, a partial injunction granted by the 9th Federal Civil Court of São Paulo was suspended by the president of TRF3 at the Union's request. Operators' authorisations were extinguished on 25 October, 30 days after the measure was published. The decision was issued on the same day as a public hearing called by Supreme Federal Court minister Luiz Fux in ADI 8027, which challenges Provisional Measure 1,394. In Congress, the measure begins to block the legislative agenda on 9 November.