Brazil's top court schedules hearing on betting ban for November 3

Justice Luiz Fux of Brazil's Supreme Federal Court has scheduled a public hearing for November 3 at 10 a.m. to discuss legal challenges to a provisional measure banning betting. The hearing will be held in the court's 2nd Chamber in Brasília. Fux issued the order on October 26 in response to requests from the Attorney General's Office and other parties involved in the proceedings. The session will address Provisional Measure 1,394, which was issued by President Luiz Inácio Lula da Silva on September 25 and prohibits the operation, offering, intermediation and advertising of fixed-odds betting.

The hearing will involve 26 listed participants, divided into four groups. The plaintiffs include the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR), who are applicants in Direct Action of Unconstitutionality 8.027. Government representatives will include the Attorney General's Office and the Ministry of Finance. Entities and academia include the Brazilian Association of Radio and Television Broadcasters (Abert) and the International Gaming Association (AIGAMING). The football sector will be represented by ten clubs, including Flamengo, Corinthians and Cruzeiro, as well as the Brazilian Football Confederation.

Industry associations have challenged the provisional measure in the Supreme Court, arguing it lacks constitutional urgency and undermines legal certainty. The ANJL and IBJR had asked the court to suspend the ban pending a public hearing, seeking permission for authorized operators to resume accepting deposits and wagers. According to a submission, the Attorney General's Office supported holding the hearing but opposed suspending the prohibition. Fux determined that the hearing decision should also be added to several other related constitutional cases under his jurisdiction, meaning the discussion is not limited to the provisional measure. The justice said the hearing required urgent attention due to deadlines in the provisional measure and the economic impacts on Brazilian football and other sectors. Fux had previously made it clear during the elections that he would not take action that could be interpreted as interference in the political process. The Supreme Court held a previous public hearing on the effects of gambling in 2024, and Fux has highlighted negative effects associated with betting in past rulings.

The scheduling of the hearing frustrates expectations of an immediate preliminary injunction following the second round of voting in the presidential election. Since the measure was issued, operators and the ANJL have filed 19 lawsuits in Federal Court requesting its suspension without obtaining an injunction. The companies' authorizations expired on October 25, the day of the vote that re-elected President Lula. For the betting sector, the hearing will be the first opportunity to present official data on the effects of the month-long ban to the Supreme Court.