Brazil’s Supreme Federal Court schedules public hearing on betting ban for 3 November

Luiz Fux of Brazil’s Supreme Federal Court (STF) has set a public hearing for 3 November at 10:00 AM to discuss actions related to betting, including Provisional Measure 1,394, which banned the exploitation, offering, intermediation and advertising of betting in Brazil. For PSPs and operators, the point is not legal theater: the hearing sits inside a broader fight over whether the ban stands and how much regulatory room the federal government has in this market.

1. The hearing will take place in the STF’s 2nd Chamber and was requested by the Attorney General’s Office (AGU), the authors of Direct Action of Unconstitutionality (ADI) 8.027, and entities admitted to the proceedings as amici curiae.
2. The session is tied to Provisional Measure 1,394, issued a month ago by President Lula. The measure bans betting-related activity in Brazil, covering exploitation, offering, intermediation and advertising.
3. During the elections, Minister Luiz Fux said he would not take any action that could be read as interference in the political process. He said the hearing needed urgent attention because of the deadlines set in the provisional measure and the economic impact on Brazilian football and other sectors of the economy, especially from the standpoint of legal certainty.
4. The provisional measure was challenged in the STF by sector entities, media companies and football clubs. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) asked for the measure to be suspended, arguing that it is unconstitutional.
5. The AGU asked the Supreme Court to keep the ban fully in place and to hold a public hearing on the matter. It argued that the Union has the authority to define which lottery games can be operated in Brazil. Fux also ordered that the hearing be added to ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, so the discussion will feed into multiple betting-related cases, not just the provisional measure.

Fux had already held a public hearing on the effects of gambling, including gambling addiction, and that material was considered in the court’s ruling on games of chance, where he pointed to the negative effects associated with betting. For payment firms exposed to Brazil, the practical question is whether the court’s upcoming hearing reinforces the ban, narrows it, or keeps the market in limbo for longer.