AGU Files Betting-Ban Petition as Fux Moves Closer to a Decision
Brazil.- 7 October 2026 | www.zonadeazar.com Brazil’s Attorney General’s Office, AGU, has filed a new petition before the Supreme Federal Court concerning Provisional Measure 1,394/2026, which banned fixed-odds betting and online gaming nationwide.
The submission was entered into Constitutional Action ADI 7721 at 10:10pm on 5 October, within the 72-hour deadline set by Justice Luiz Fux.
Document Still Unavailable
Although the filing was officially registered in the Supreme Court system, its contents were not publicly accessible when the report was published.
The system displayed a notice stating that the electronic document was absent or subject to restricted access.
It is therefore not yet possible to confirm the AGU’s precise position on Provisional Measure 1,394/2026 in this filing.
Fux Had Granted 72 Hours
Justice Luiz Fux ordered the AGU on 2 October to submit its position within 72 hours.
The filing arrived only hours before the operational shutdown of betting platforms began on 6 October.
Six Cases Before Fux
Fux is currently handling six actions connected with Brazil’s betting framework.
ADI 7721, 7723 and 7749 challenge aspects of Law 14,790/2023.
ADI 8024, 8027 and 8028 were subsequently assigned to him by prevention and directly challenge Provisional Measure 1,394/2026.
AGU’s Previous Position
The Federal Government has already expressed a position on the broader betting framework.
In a separate filing in ADI 7749, the AGU asked the Supreme Court to declare the core of Brazil’s fixed-odds betting framework unconstitutional.
That represented a change from the position previously defended by the Government during the Court’s 2024 public hearing.
Uncertainty Over the Provisional Measure
What remained unknown was the AGU’s specific position regarding the new Provisional Measure.
Operators, football clubs and industry organisations were therefore closely awaiting the submission registered in ADI 7721.
Speculation Over a Negotiated Solution
Industry participants have begun discussing the possibility that the Government could be open to a negotiated solution.
Scenarios mentioned include mediation or replacing the Provisional Measure with an ordinary bill.
However, these possibilities are not confirmed by the filing itself, as the document was still unavailable to the public.
What Replacing the Measure Could Mean
Replacing the Provisional Measure with a bill would materially alter the regulatory process.
An ordinary bill would return the debate to Congress without necessarily maintaining the immediate effects already produced by the Provisional Measure, including platform shutdowns and restrictions on advertising and sponsorship.
For now, this remains a hypothetical scenario.
Platform Shutdown Already Underway
While the legal dispute continues, the administrative timetable has moved forward.
From 6 October, fixed-odds betting websites and applications are required to remain unavailable to users in Brazil.
The repayment process for outstanding customer balances has also begun.
Fux’s Next Options
With the AGU submission now formally on the case file, Fux has several procedural options available.
He may:
- Rule on requests for interim suspension.
- Refer the matter to the full Supreme Court.
- Call the parties to a conciliation hearing.
The next step will depend on his assessment of the cases and arguments before the Court.
Judicial Context
Provisional Measure 1,394/2026 triggered a new wave of Supreme Court challenges following its publication on 25 September.
Operators, industry groups and sports organisations have challenged aspects including platform closures, licences, sponsorship agreements and website-redirection requirements.
Next Steps or Impact
Attention is now focused on Fux’s next decision and on whether the full AGU petition becomes publicly available.
Until the document can be reviewed, it cannot be stated whether the Government fully defended the Provisional Measure or opened the door to a negotiated alternative.
The case therefore enters a critical stage as the betting ban begins producing operational effects across the Brazilian market.
Editó: @fonta
