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Home / news / Bets prepare joint challenge in Brazil’s Supreme Court after federal MP tries to block operations
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Bets prepare joint challenge in Brazil’s Supreme Court after federal MP tries to block operations

Bets prepare joint challenge in Brazil’s Supreme Court after federal MP tries to block operations

The Brazilian digital betting sector spent the weekend lining up a coordinated legal response to a provisional measure (MP) published on Friday, September 25, that would prohibit bets from operating in Brazil. For PSPs, acquirers, and bank partners, the point is simple: when a market moves from licensed to effectively blocked overnight, payments exposure turns into legal exposure very fast.

  1. The industry expects companies to file a court action this week. According to Valor, associations and lawyers had been coordinating before the MP was published, and about 200 people joined a virtual meeting on Friday, September 25, including operators and other parts of the chain such as game developers. Talks continued through Saturday and Sunday.
  2. Two legal paths are being discussed: an Ação Direta de Inconstitucionalidade (ADI, Direct Action of Unconstitutionality) before the Supreme Federal Court (STF), or a collective writ of mandamus. A draft of the collective action started on Saturday, and the strategy is for more than one association to sign it so the filing carries more legal weight.
  3. The sector is also trying to avoid fragmented litigation before the main case is filed. The idea is that individual actions should wait until the collective challenge is presented, so a bad ruling in one standalone case does not spill over into the main judgment. Later individual lawsuits are not ruled out.
  4. Carlos Lima, chief executive of the Brazilian Institute of Responsible Gaming (IBJR), confirmed the September 25 meeting and said the sector will go to court, but declined to say which instruments are under review. On the STF route, his line was: “Everything is being assessed. No decision has been made regarding any of the paths to follow.”
  5. Lima also attacked the government’s logic for citing illegal gambling enforcement. He said bets paid R$ 170 million in supervision fees between January 2025 and July 2026, and asked why that money was not used to fight the illegal market. He added that the industry had considered a total ban as a possibility, but not an immediate shutdown, and argued the government could have allowed a phase-out instead.

José Frederico Cimino Manssur, a partner at Natal & Manssur Advogados who specializes in sports betting and online gaming regulation, said the issue will be litigated and listed three constitutional objections to the MP. The article does not spell out the first point, but the direction of travel is clear enough: the market is preparing for a courtroom fight, not a policy debate.

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