ABERT Brazil Asks Supreme Court to Suspend Betting Advertising Law
Brazil.- 27 August 2026 | www.zonadeazar.com The Brazilian Association of Radio and Television Broadcasters has asked the Supreme Federal Court to immediately suspend Rio Grande do Sul State Law No. 16,508/2026, which introduces additional restrictions on fixed-odds betting advertising.
The request was submitted to Justice Cármen Lúcia, rapporteur for Direct Action of Unconstitutionality No. 7,971, after the legislation became enforceable following a 120-day adjustment period.
Law Took Effect on 25 August
The state legislation was published on 27 April 2026.
After its vacatio legis expired, the law’s obligations, prohibitions and sanctions became enforceable on 25 August.
ABERT argues that these provisions should be suspended while the Supreme Federal Court considers the underlying constitutional challenge.
ABERT Participates as Amicus Curiae
The association is participating in ADI 7,971 as an amicus curiae.
Its filing is intended to prevent broadcasters, media organisations and betting operators from being subject to the additional requirements before the Supreme Court reaches a definitive decision.
ABERT argues that immediate enforcement could create regulatory and economic consequences that would be difficult to reverse.
Federal Authority at Centre of Dispute
ABERT’s central argument is that Rio Grande do Sul has legislated in areas constitutionally reserved for the Federal Government.
The association identifies five alleged constitutional conflicts involving:
- Lottery regulation.
- Commercial advertising.
- Telecommunications and broadcasting.
- Civil liability.
- Corrective advertising.
ABERT argues that these matters require a uniform federal framework.
Betting Advertising and Federal Competence
The association says lottery regulation falls under the Federal Government’s exclusive legislative powers established under Article 22 of Brazil’s Constitution.
It also argues that restrictions on commercial advertising should be introduced through federal legislation.
ABERT points to previous Supreme Court cases in which state advertising restrictions were invalidated.
Advertising Hours Challenged
Rio Grande do Sul’s law also establishes restrictions on when betting advertising may be broadcast.
ABERT argues that restricting advertising between 6:00am and 9:00pm interferes with telecommunications and broadcasting, areas also subject to federal regulation.
For nationwide broadcasters, the measure could require content to be adapted specifically for viewers and listeners within Rio Grande do Sul.
Joint Liability for Media Companies
Another key concern relates to media liability.
The state legislation establishes joint responsibility for certain advertising infringements.
This means sanctions may potentially apply not only to betting operators but also to the media companies carrying their advertising.
Fines and Corrective Advertising
The legislation provides for several types of sanctions.
These include financial penalties and mandatory corrective advertising.
ABERT argues that such remedies are already governed through Brazil’s Consumer Protection Code and federal advertising legislation, meaning individual states should not create parallel systems.
Internet Providers
The association also challenges obligations imposed on digital providers.
In its view, the state legislation alters the liability framework applying to platforms and providers under previous Supreme Court decisions.
ABERT therefore argues that this creates another conflict between state and federal authority.
Sports Event Advertising
The legislation also prohibits certain betting advertising at sporting events.
Exceptions apply to businesses that are official sponsors.
ABERT argues that this structure could create a protected market and conflict with constitutional principles of free enterprise and competition.
Risk of 27 Different Regimes
One of the association’s central concerns is regulatory fragmentation.
If other states follow Rio Grande do Sul’s approach, Brazil could eventually have 27 separate regulatory frameworks across the 26 states and Federal District.
Individual jurisdictions could adopt their own:
- Advertising hours.
- Marketing formats.
- Compliance requirements.
- Sanctions.
- Restrictions.
For national operators and broadcasters, this could significantly increase operational complexity.
Impact on National Broadcasters
ABERT warns that television and radio broadcasters providing nationwide programming could be forced to segment content specifically for Rio Grande do Sul.
An advertisement that is permitted across most of Brazil might not be allowed within the state.
The association argues that this outcome is inconsistent with the existence of a national federal framework covering both betting and advertising.
AGU Supports Suspension
Brazil’s Attorney General’s Office has also supported interim suspension of the law.
The federal body considers that there are constitutional concerns regarding legislative competence.
Its position strengthens the argument that betting advertising rules should remain within the federal regulatory framework.
Prosecutor General Also Supports Interim Relief
Brazil’s Federal Prosecutor General has also backed suspension.
The PGR warned that multiple local regulatory systems could create legal uncertainty, regulatory asymmetry and enforcement difficulties.
It also argued that fragmentation would not necessarily provide more effective nationwide protection.
No Regulatory Vacuum
ABERT rejects the argument that suspending Rio Grande do Sul’s law would leave betting advertising without regulation.
The association notes that the following remain fully in force:
- Federal Law No. 14,790/2023.
- Regulations issued by the Secretariat of Prizes and Betting.
These already govern fixed-odds betting and advertising throughout Brazil.
Federal Framework Would Remain
For ABERT, suspending the state legislation would simply preserve the national regulatory status quo while the Supreme Court considers the constitutional dispute.
Operators would remain subject to all federal requirements covering advertising, responsible gambling and regulated betting operations.
The core question is therefore whether individual states can impose additional restrictions of their own.
Industry Context
State Law No. 16,508/2026 has become one of the most significant disputes over federal and state authority within Brazil’s regulated betting market.
Brazil has operated a national fixed-odds betting framework since January 2025.
More restrictive regional laws are now creating concern among operators, broadcasters and trade bodies over the risk of regulatory fragmentation.
Next Steps or Impact
Justice Cármen Lúcia must now consider the request for interim suspension.
Until the Supreme Federal Court rules otherwise, Rio Grande do Sul’s legislation remains in force and its requirements can be enforced.
The outcome of ADI 7,971 could have national significance by determining how far Brazilian states can go in establishing their own betting advertising rules within a federally regulated market.
Editó: @fonta
