Brazil Pursues Betting Ban Through Congress and Supreme Court

Brazil.- 5 November 2026 | www.zonadeazar.com President Luiz Inácio Lula da Silva’s Government is pursuing two potential routes to consolidate Brazil’s online betting prohibition: securing congressional approval of Provisional Measure 1,394/2026 or obtaining a favourable ruling from the Federal Supreme Court (STF).

According to reports published on 4 November, while the administration has included the measure among its legislative priorities, it is also considering the possibility of the STF declaring unconstitutional the legislation that authorised fixed-odds sports betting in 2018.

Both approaches carry different implications for the future of Brazil’s regulated gambling market.

Betting Ban Among Government Priorities

Provisional Measure 1,394/2026, published on 25 September, is among five legislative initiatives the Government wants approved before the parliamentary recess.

The administration is seeking to advance its agenda following progress on other proposals.

However, the prohibition faces political and economic opposition from stakeholders concerned about its consequences.

The debate includes the future of authorised operators, existing commercial contracts and consumer protection.

Government Also Looks Towards the Supreme Court

Meanwhile, reports citing government officials suggest that the administration would prefer to avoid an extensive parliamentary debate.

An alternative would involve the STF declaring Law 13,756/2018, enacted during Michel Temer’s presidency, unconstitutional.

That legislation authorised fixed-odds sports betting in Brazil and established the foundations of the market subsequently regulated by the Government.

A ruling against its constitutionality would fundamentally alter the legal basis for the activity.

For now, this remains an expectation attributed to government sources rather than a decision adopted by the Supreme Court.

Provisional Measure Faces Critical Deadlines

The legislative calendar establishes several important dates for the prohibition.

According to the reported timetable:

• 25 September 2026: publication of the provisional measure.
• 9 November: the measure begins blocking the legislative agenda of the chamber considering it.
• 23 November: expiry of the initial validity period.
• 23 December to 1 February: suspension of the countdown during the parliamentary recess.
• 4 March 2027: expected expiry if the measure does not receive legislative approval.

The provisional measure can be automatically extended for a further 60 days after its initial period.

If both chambers fail to approve it within the constitutional deadline, it will cease to have effect.

Parliamentary Committee Has Yet to Be Established

As of 4 November, the joint parliamentary committee responsible for examining the measure had not been formally established.

Neither a committee chair nor a rapporteur had been appointed.

The proposal received 99 parliamentary amendments, four of which were subsequently withdrawn.

Progress depends on decisions by Hugo Motta, President of the Chamber of Deputies, and Davi Alcolumbre, President of the Federal Senate.

Parliament also faces other significant legislative priorities, including the 2027 budget and tax-related proposals.

Luiz Fux Continues Judicial Examination

Justice Luiz Fux, who oversees the legal challenges involving the prohibition, chaired a public hearing on 3 November.

Government institutions, business associations and sporting organisations presented evidence concerning the measure’s consequences.

Fux expressed personal support for prohibiting online betting while acknowledging that any final decision must be taken by the Court collectively.

No date has currently been confirmed for a final hearing before the full Supreme Court.

The judicial proceedings therefore remain open, with the outcome uncertain.

Federal Court Restores CDA Gaming Licence

While the STF continues considering the issue, other courts have begun issuing decisions concerning the prohibition.

The Third Panel of the Federal Regional Court for the Third Region (TRF3) ordered the restoration of CDA Gaming Ltda.’s betting authorisation.

The company operates the following brands:

• Casa de Apostas.
• Betsul.
• Jogo Online.

The judgment restored the authorisation previously withdrawn under the provisional measure.

However, the decision applies to that operator and does not constitute a nationwide suspension of the prohibition.

Public Campaign Collects 1.7 Million Signatures

The Government is also supporting public mobilisation initiatives calling for the elimination of betting.

These include the Bets Nunca Mais campaign promoted by Eduardo Moreira.

According to published figures, the petition collected approximately 1.7 million signatures.

That represents around 16.2% of the 10.5 million participants in the political mobilisation channel known as Exército do Lula.

Meanwhile, the hashtag #ComLulaNaoTemBets appeared among X’s trending topics for approximately two hours.

These initiatives are intended to strengthen public support for the Government’s position.

Legal Certainty and Illegal Gambling Concerns

Uncertainty surrounding the future of betting is affecting businesses previously authorised to operate within Brazil’s regulated market.

Important unresolved issues include the validity of licences, existing commercial agreements and investments undertaken by operators.

Industry associations also warn that the prohibition could encourage customers to migrate towards unlicensed platforms.

The Government, meanwhile, argues that restrictions are necessary to reduce the economic and social harms associated with gambling.

The debate therefore involves competing approaches to consumer protection, regulation and market sustainability.

Industry Impact and Next Steps

Brazil’s online betting prohibition has entered a critical phase, shaped by legislative deadlines and the absence of a final Supreme Court ruling.

While Congress must determine the future of Provisional Measure 1,394/2026, the STF is examining constitutional disputes involving the legal framework for betting.

With 99 amendments submitted, a parliamentary committee yet to be established and no hearing date confirmed before the STF, Brazil’s Government is seeking to secure the betting prohibition through two different institutional routes.

The coming weeks will be important in determining whether the measure advances through Congress or whether the judicial proceedings become the principal focus.

Edited by: @fonta