Brazil’s Supreme Federal Court (STF) will hold a public hearing on 3 November on cases related to the betting ban. The session is scheduled for 10:00 AM in the 2nd Chamber of the STF. The hearing was requested by the Attorney General’s Office (AGU), as well as the authors of Direct Action of Unconstitutionality (ADI) 8.027 and entities admitted to the proceedings as amici curiae.
The trigger was Provisional Measure 1,394, issued a month ago by President Lula. It banned the exploitation, offering, intermediation and advertising of betting in Brazil. The measure was challenged in the STF by entities in the sector, media companies and football clubs. The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) requested the suspension of the measure, alleging its unconstitutionality. The AGU, by contrast, went to the Supreme Court to request the full maintenance of the ban and the holding of a public hearing, arguing that the Union holds the authority to define the types of lottery games that can be operated in Brazil.
The rapporteur for the case is Minister Luiz Fux. He explained the urgency of the hearing by the deadlines established in the provisional measure and the economic impacts on Brazilian football and other sectors from the point of view of legal certainty. Earlier, during the elections, Fux publicly stated that he would not take any action that could be perceived as interference in the political process. The STF had already held a public hearing on the effects of gambling — at that time, gambling addiction was among the topics discussed, and the information gathered was considered in its ruling on games of chance.
The 3 November hearing will not be limited to the provisional measure. Fux determined that ADIs 7.721, 7.723, 7.749, 8.024, 8.028 and 8.035 — all of which concerned the regulation of betting before the ban was enacted — should also be added to the proceedings. More than ten organisations have been invited to participate: the National Confederation of Commerce of Goods, Services and Tourism (CNC), the National Association for the Legal Security of Games and Betting (ANSEJA), the National Confederation of Industry (CNI), the Brazilian Association of Radio and Television Broadcasters (Abert), as well as football clubs — SAF Botafogo, Cruzeiro Esporte Clube, Guarani Futebol Clube and Portuguesa SAF. The outcome of the hearing will determine the legal framework for the country’s entire betting market.
Based on iGaming Business.
