Brazil's Supreme Court Hears Betting Ban Case

Brazil's Supreme Court (STF) opened a public hearing on the betting ban on November 3. The ban was introduced through Provisional Measure 1,394/2026, which President Lula da Silva signed on September 25, and it eliminated the regulated betting market in the country.

Justice Luiz Fux opened the hearing instead of deciding on the request by industry bodies ANJL and IBJR to suspend the ban. Congress must vote on the measure by November 23. Fux said he wanted to add arguments that emerge later in the case.

Flamengo, one of the 28 representatives who spoke at the hearing, said the ban puts 1,200 jobs and annual revenue of $84 million (430 million reais) at risk. The club also said contracts, jobs and tax revenues are in danger.

Fux listed the main grounds raised by those challenging the measure. These include legal certainty and the principle that completed legal transactions should not be affected retroactively. Challengers argue that operators and partners who acted in reliance on the regulation were caught unexpectedly by the repeal of the framework. They also contend that the measure does not meet the constitutional requirements of necessity and urgency.

Fux said that ruling during an election period could amount to improper interference by the judiciary, and he viewed the postponement of the decision as a positive outcome. He described betting as profiting from people's failure to understand what they are doing.