Brazil's Supreme Court freezes challenges to betting ban

Lower court appeals questioning the constitutionality of suspending regulated online betting services in Brazil have been halted. Supreme Court Justice Luiz Fux ordered that appeals against Provisional Measure 1.394/2026, which took effect on 25 September, be suspended until the Supreme Court issues its final ruling. The decision was announced on 8 November.

Behind the decision is an application from Attorney General Paulo Gonet. Gonet argued that differing rulings by lower courts were creating legal uncertainty. Fux adopted Gonet's view that some companies may be allowed to keep operating with a monopoly or a position close to monopoly in the market. Last month, Stake's right to continue its operations was briefly granted. Last week, CDA Gaming received permission from the Third Region Federal Court to keep working with the BetSul, Casa de Apostas and Jogo Online brands.

The issue has now become centralized. The parties will not be able to seek outcomes from lower courts. They will wait for the Supreme Court's final ruling on the legality of the ban, or for the vote Congress holds on the measure. Industry associations and other sector groups have submitted opinions to the Supreme Court against the ban. In the public hearing that began on 3 November, representatives from government, media, sports and civil society were heard. Health Minister Alexandre Padilha gave his views on the harms caused by betting, addiction and risks to household budgets.

Attorney General Jorge Messias is defending the case on behalf of the government. Messias described online betting regulation as a failed experiment and said it endangers public health and household budgets. In Congress, lawmakers have submitted 99 amendments to the measure. The amendments will be discussed in committees before being voted on in the Chamber of Deputies and the Senate. The measure's initial 60-day validity period expires on 23 November. If Congress does not hold a vote by that date, the measure will automatically be extended by another 60 days.