Justice Luiz Fux of Brazil's Supreme Federal Court (STF) has halted all lower-court proceedings challenging the constitutionality of Provisional Measure No. 1,394, which bans fixed-odds betting platforms. The stay takes effect immediately and remains in force until the STF issues a final ruling on four constitutional challenges (ADIs 8024, 8027, 8028 and 8035).
Prosecutor General Paulo Gonet filed the petition on 6 November, arguing that preliminary injunctions granted to operators create 'legal uncertainty and asymmetrical enforcement of the law'. He cited cases involving Stake and CDA Gaming, which obtained preliminary injunctions from the Federal Court of São Paulo and the Federal Regional Court of the 3rd Region (TRF-3), only to have both overturned by the TRF-3 chief judge within one or two days. The Prosecutor General's office identified 13 additional lawsuits challenging the measure nationwide.
In his decision, Fux characterised fixed-odds betting as 'harmful and of high social risk' — language he used previously at a public hearing on 3 November and in an opinion on Extraordinary Appeal 966,177/RS on 6 August. That rationale has alarmed the sector, as it suggests the court has prejudged the issue before hearing it on the merits. Under STF procedure, Fux's single-justice order requires ratification by the full court.
Chief Justice Edson Fachin has consolidated all cases involving fixed-odds betting, municipal lotteries and the Extraordinary Appeal into one proceeding. No hearing date has been set. Meanwhile, Congress has failed to convene the required joint committee to debate the measure, which expires 23 November; nearly 100 amendments have been submitted and the congressional floor agenda remains locked.
