Five-Year Restriction on Documents Behind Brazil's Betting Ban

The Brazilian government has restricted access for five years to the documents that justify the betting ban. The restriction is based on a classification adopted one day before Provisional Measure MP 1.394 was signed. The classification was signed on September 24 by Victor Oliveira Fernandes, Secretary of Digital Rights at the Ministry of Justice and Public Security.

Both ministries said they did not carry out any impact study before President Lula signed the ban. A lawyer said he believes the restriction was imposed to prevent operators from using these documents as evidence in ongoing lawsuits and in future compensation claims. Licensed operators have taken the measure to the Brazilian Federal Supreme Court (STF) and are preparing to seek a refund of approximately R$2.5 billion in license fees.

The Access to Information Law allows information to be withheld when its disclosure could pose a high risk to life, security and health, or to financial, economic and monetary stability. Since access is the rule and restriction the exception, ministries are required to formally justify such restrictions. In addition, the Presidential Chief of Staff Office refused to share its legal opinions on the ban, citing attorney-client privilege. This privilege restriction has no end date.

The responses from different institutions, however, leave unclear what is being protected. The Finance Ministry replied to an information request with "information not available." Industry organizations ABRAJOGO, Sindibets SP and AMIG cited this response in a petition submitted to the STF on October 24.

In Congress, the initial 60-day period for the measure expires on November 23. If no vote is held by that date, the period can be extended once more by 60 days.