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Brazil’s Legal Betting Market Faces a Constitutional Test

Our write-up of a story first reported by CasinoBeats

Brazil’s Legal Betting Market Faces a Constitutional Test

Brazil's Attorney General's Office has asked the Supreme Federal Court to strike down Laws 13,756 of 2018 and 14,790 of 2023, the legal foundation of the country's regulated betting market. The challenge was filed on 2 October and puts the market's entire regulatory framework at risk.

The AGU argues the laws fail to protect public health, families and the economy. It cites a 140% rise in cases of gambling disorder reported to the national health system as evidence that the current framework does not meet constitutional standards for safeguarding human dignity and minimum income.

Justice Luiz Fux has been assigned the case. Separately, the Court is hearing a challenge to the temporary betting ban imposed by President Luiz Inácio Lula da Silva on 25 September. Fux gave the AGU 72 hours to comment on that dispute. Both cases share subject matter but remain legally distinct.

For operators and affiliate programmes, the main risk is regulatory uncertainty. If the Court sides with the AGU, the legal basis for the market could be rewritten. Even a rejection would shape what player protections must be codified going forward.

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