Luiz Fux schedules public hearing on Brazil’s betting MP for November 3, brings government, industry, and 10 football clubs to the STF
Instead of the quick ruling market participants were expecting after the second round, the rapporteur in the constitutional challenges against MP 1.394/2026 has opened a wider hearing with 26 participants. For high-risk payment providers, the practical point is simple: Brazil’s fixed-odds betting market remains stuck in legal limbo while the STF process moves on its own timetable.
- Supreme Court justice Luiz Fux, who is handling the ADIs against MP 1.394/2026, called a public hearing for Tuesday, November 3, at 10h, in the session room of the Second Panel of the STF. The hearing will discuss the provisional measure that prohibited fixed-odds betting in the country.
- The order was published on Monday evening, October 26, in the preliminary injunction case in ADI 8.027. Fux said the hearing was requested by the AGU, the plaintiffs in ADI 8.027, and the amici curiae (friends of the court). He also ordered the decision to be attached to ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, all under his rapporteurship.
- He listed 26 participants across four groups. The plaintiffs include the Confederação Nacional do Comércio (CNC, ADI 7.721), the Procuradoria-Geral da República (ADI 7.749), the Associação Nacional pela Segurança Jurídica dos Jogos e Apostas (ANSEJA, ADI 8.024), the Associação Nacional de Jogos e Loterias (ANJL) and the Instituto Brasileiro de Jogo Responsável (IBJR), both in ADI 8.027, the Associação Nacional dos Prefeitos e Vice-Prefeitos (ANPV, ADI 8.028), and Abracopel, representing state lottery concessionaires and permit holders (ADI 8.035).
- The government side includes the Advocacia-Geral da União and the Ministry of Finance. The institutions and academia block includes ABERT, ABRACRIM, UERJ Reg, the Confederação Nacional da Indústria (CNI), the Associação Brasileira de Liberdade Econômica (ABLE), and the Associação Internacional de Gaming (AIGAMING).
- Football is in the room too: Flamengo, Fluminense, SAF Botafogo, Cruzeiro SAF, São Paulo, Corinthians, Ponte Preta, Vitória, Guarani, Portuguesa SAF, and the Confederação Brasileira de Futebol (CBF). That matters because the sector’s sponsorship and payment flows are now tied to a legal dispute that has already pushed operators into a waiting pattern.
The hearing also pushes back expectations of an immediate injunction, despite the rapporteur’s earlier signal that a decision could come after the second round. Since the MP was issued on September 25, operators and ANJL have filed 19 lawsuits in federal court seeking to suspend its effects, without getting an injunction. The companies’ authorizations expired on October 25, the same day voters re-elected President Lula.
One detail worth noting: the hearing was also requested by the AGU. In a filing in ADI 7.721 on October 5, the Union argued the debate should happen only after the effects of the MP were measured, a move BNLData described as a way to buy time and avoid a ruling before the election. With the hearing now set for November 3, any precautionary decision is, in practice, pushed past that date, while the market stays frozen and players move to the illegal market.
Weekly high-risk digest
Regulation, sanctions and payment news across your verticals — once a week, free.
Please check your inbox and click the link to confirm your subscription.
Please enter a valid email address!