Brazil's Supreme Federal Court (STF) Justice Luiz Fux is expected to rule on the validity of the provisional measure that banned online sports betting only after the second round of elections closes. Until then the court keeps receiving challenges to Provisional Measure 1.394, signed by President Luiz Inácio Lula da Silva on 25 September. The measure bars operation, intermediation and advertising of online casinos and gambling activity across the country.
Clubs and broadcasters push back
Football clubs moved first. São Paulo Futebol Clube, Ponte Preta, Guarani, Portuguesa and Vitória filed a petition on 1 October asking for a transition period of up to one year, warning that the ban could halt the Brazilian championship and arguing the state has a duty to protect football as 'Brazilian cultural heritage'. Flamengo and Botafogo asked to take part as amici curiae; Botafogo said the measure cuts financing for women's football, Olympic and Paralympic sports and youth categories. On 2 October Cruzeiro, Fluminense and 14 other clubs asked the court to hear them and backed a request from ANJL and IBJR to suspend the restrictions until Congress reviews them.
Broadcasters have a separate complaint. Abert, the Brazilian association of radio and television broadcasters, told the STF on 30 September that advertising restrictions get in the way of 'already signed agreements' and lead to 'loss of revenue'. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) were first, on 28 September, seeking preliminary protection so the measure would not take effect before Congress or the full court decides.
Government defends the ban
By Fux's order of 2 October, authorities were given 72 hours to supply information, and the attorney general's office (AGU) backed keeping the ban on 6 October. As rapporteur, Fux handles six direct unconstitutionality suits: ADI 8024 (ANSEJA), ADI 8027 (ANJL and IBJR), ADI 8028 (ANPV), ADI 7721 (CNC), and ADIs 7723 and 7749 (PGR). He is expected to decide whether betting platforms stay suspended before the full court takes up the constitutional questions. For operators on the Brazilian market, that ruling settles whether local traffic and advertising contracts can be kept.
