Brazil's Supreme Federal Court has suspended proceedings on the constitutionality of the land-based gambling ban. The hearing took place on 6 August, with a decision deferred for up to 90 days, though some projections suggest the matter may not return to the court until 2027.
Justice Luiz Fux voted to uphold the ban. He found that Article 50 of the 1941 Criminal Misdemeanours Act is consistent with the 1988 Constitution and protects public order and health. Fux argued that personal freedom is not absolute: 'The state protects man from himself. Not against him, but because he does not realise the harm he inflicts on himself.'
Justice Flávio Dino supported the land-based ban but called for the scope of the review to be extended to online fixed-odds betting. 'A bet is a game of chance. That is the essence,' Dino stated. He cited identical social risks: addiction, harm to families, money laundering and links to organised crime. Fux had argued that the appeal concerned only Article 50 and did not affect betting legalised under Law 13.756/2018. Dino insisted on a broader review, suspending proceedings.
A separate constitutional challenge to the betting law is also pending before the court. The justices agreed to examine both cases together within 90 days. Until the court rules, the current framework stands: land-based casinos remain banned, licensed bookmakers continue to operate.
The Senate is still debating Bill 2.234/2022, which would legalise integrated casino resorts, bingo and jogo do bicho. Even if the Supreme Court upholds the ban, Congress retains the power to amend federal law. But early votes in favour of the ban may strengthen opposition to further expansion of the betting market.
