Brazil: Luiz Fux Suspends All Legal Challenges to Betting Ban
Brazil.- 10 November 2026 | www.zonadeazar.com Brazilian Supreme Federal Court (STF) Justice Luiz Fux has ordered the suspension of all proceedings in lower courts challenging the constitutionality of Provisional Measure 1,394/2026, which introduced a ban on fixed-odds betting in Brazil.
The decision, signed on 8 November 2026, follows a request from the Office of the Prosecutor General (PGR) and aims to prevent conflicting rulings across different courts.
The suspension will remain in place until the STF reaches a final decision on the measure’s constitutionality.
Prosecutor General Seeks Consistent Judicial Decisions
Paulo Gonet, Brazil’s Prosecutor General, submitted a request on 6 November seeking the nationwide suspension of proceedings challenging Provisional Measure 1,394/2026.
According to the PGR, decisions issued by lower courts were creating legal uncertainty and unequal treatment among operators subject to the same restrictions.
The authority argued that individual rulings could lead to inconsistent interpretations while the Supreme Court considers the constitutional validity of the betting ban.
Stake and CDA Gaming Among Companies Affected
The dispute intensified after several gambling operators obtained temporary court injunctions.
The companies involved included:
- Stake: secured a temporary ruling allowing its operations to continue.
- CDA Gaming: obtained an injunction covering its Casa de Apostas, Betsul and Jogo Online brands.
The decisions were subsequently overturned by the President of the Federal Regional Court of the Third Region (TRF-3), following requests from the Office of the Attorney General (AGU).
The PGR also identified 13 additional legal proceedings concerning the effects of the provisional measure.
Four Constitutional Challenges Before the STF
Fux’s decision concerns proceedings connected to four Direct Actions of Unconstitutionality (ADIs) challenging the legislation:
- ADI 8,024
- ADI 8,027
- ADI 8,028
- ADI 8,035
All four cases are being handled by Justice Luiz Fux.
The order suspends proceedings before lower courts but does not constitute a final ruling on the constitutionality of the betting ban.
The decision was issued individually by Fux and remains subject to review by the full Supreme Court.
Fux Warns of Legal Uncertainty
In his ruling, the justice argued that conflicting judicial decisions could undermine consistent enforcement of the legislation.
He also expressed concern about the social risks associated with fixed-odds betting.
Fux had previously addressed these concerns during a public hearing held on 3 November 2026, as well as in earlier Supreme Court proceedings.
The decision aims to ensure that the constitutional dispute is ultimately resolved by Brazil’s highest court.
Congress Has Yet to Examine the Measure
While the STF considers the constitutional challenges, Provisional Measure 1,394/2026 remains subject to a separate legislative process.
Key developments include:
- Approximately 100 amendments have been submitted.
- The joint parliamentary committee responsible for examining the measure has not yet been established.
- The measure’s initial validity period expires on 23 November 2026.
The absence of parliamentary progress creates further uncertainty over the future regulatory framework for betting.
No Date Set for Supreme Court Ruling
Edson Fachin, President of the STF, has ordered the joint consideration of legal disputes concerning sports betting and municipal lotteries.
The review will also include Extraordinary Appeal 966,177, which concerns legal questions surrounding gambling activities in Brazil.
However, the Supreme Court has not yet announced a date for its final decision on the constitutional challenges to Provisional Measure 1,394/2026.
Until then, the suspension of related lower-court proceedings will remain in effect.
Industry Impact and Next Steps
The ruling represents another development in the regulatory uncertainty affecting Brazil’s gambling market.
For operators, the suspension limits opportunities to obtain individual court decisions challenging the ban while the STF examines its constitutionality.
The future of fixed-odds betting in Brazil will depend on both the Supreme Court’s decision and Congress’s consideration of the provisional measure.
With 23 November approaching as the next legislative deadline and no confirmed date for the STF ruling, operators will continue monitoring judicial and parliamentary developments.
Edited by: Cristobal R.
