ANJL and IBJR ask Luiz Fux for a ruling on Brazil’s Bets MP before 23:59 on Monday
Brazil’s ANJL and IBJR have filed two petitions in ADI 7.721 asking Supreme Court justice Luiz Fux to urgently review an injunction against Provisional Measure No. 1.394/2026, which would shut down the regulated fixed-odds betting market. The timing matters because the associations say that once the authorized platforms are switched off on 5 October, the practical effects become irreversible.
- In the first filing, published in the case docket on 1 October and dated 28 September, ANJL said it had brought an ADI against the MP together with an ADC covering Chapter V of Law No. 13.756/2018 and Law No. 14.790/2023, asking for Fux to be assigned the case. A second petition, dated 2 October and filed as Petition 124844, asks for a decision before 23:59 on Monday, 5 October.
- The associations say that 5 October is the point of no return: the voluntary withdrawal period ends, authorized sites and apps must be shut down or blocked, open bets become void, and all advertising and sponsorship must be removed. Their lawyers put it bluntly: “At 23:59 on Monday, therefore, no deadline expires: the object of the action is consummated.”
- The timeline attached to the petition runs as follows: 25/09, publication of the MP, with a ban on new deposits and advertising; 05/10, 23:59, shutdown of platforms and removal of sponsorships; 07 and 08/10, delivery of the individualized list of bettors, under a daily fine of R$ 200,000; 09 to 14/10, bank refunds and transfer of remaining balances to Caixa; 25/10, termination of the authorizations, with no refund of the license fee; and 09/11, the start of the MP’s urgent legislative track in Congress.
- ANJL and IBJR argue that Congress will only vote after “everything will already have been consummated,” and they cite Article 62, § 11 of the Constitution, under which legal relationships created while an MP is in force remain governed by it even if the measure is later rejected.
- They also repeat three constitutional objections from the original ADI 8.027: lack of urgency, because the abolished regime came from PL 3.626/2023, initiated by the Executive itself, and because the Ministry of Finance replied “Informação Inexistente” to an Access to Information request about studies on the impact of a possible ban; a prohibited subject for a provisional measure, because the MP would return the activity to the field of criminal contravention and allow forfeiture of funds to the Union without prior judicial process; and a violation of legal certainty, since between January 2025 and March 2026, 83 companies paid R$ 2.55 billion for 85 five-year licenses that would be extinguished in 30 days.
On the market side, the entities rely on a technical note from LCA Consultoria to argue that the MP “eliminates regulated supply, not demand.” They say 58 new illegal sites appeared on 25/09, followed by another 334 the next day.
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