Brazil betting ban challenge likely to wait until after the second-round election as Fux delays STF review

Supreme Court Justice Luiz Fux, the rapporteur in cases challenging Brazil’s provisional measure on fixed-odds betting, is expected to wait until after the second round of the presidential election before reviewing the dispute. For operators, PSPs, and club sponsors, the timing matters because the measure has already frozen advertising and sponsorship activity while the legal fight is still unfolding.

1. According to Estadão, Fux is likely to examine the cases only after the second round scheduled for Thursday, 25/10. His stated concern is political: he wants to avoid any suggestion that he is acting in favor of either candidate in the runoff between Lula and Flávio Bolsonaro.
2. The deadline built into MP 1.394/2026 adds pressure to the calendar. Under the rule, concessions, permissions, and authorizations for fixed-odds betting operators are set to expire 30 days after publication, which in this case lands on the same day as the election runoff, 25 October.
3. Fux is the rapporteur in three main STF actions involving the regulation and prohibition of online betting, including Direct Actions of Unconstitutionality (ADIs). One of them directly challenges the legality of the provisional measure that banned betting houses in Brazil.
4. The lobbying side is active. ABERT, ANJL, and the Instituto Brasileiro de Jogo Responsável (IBJR) have filed petitions to join the cases, and clubs including Cruzeiro, Flamengo, and São Paulo have also asked to participate. More than 20 football clubs have joined the pressure campaign against the measure.
5. The dispute is not abstract for club finances. In 2025, bets injected more than R$ 1 billion into Série A clubs, equal to 7.9% of total revenue for the 20 teams, according to figures cited by the associations. The money also supported naming rights deals, including Brasileirão and Copa do Brasil, plus stadium advertising and TV spots.

Since the MP was published, any communication, advertising, marketing, or sponsorship linked to fixed-odds betting has been prohibited across all media. The AGU is defending the ban and has asked Fux to consult the PGR and consider holding a public hearing before taking a decision.