ABERT argues that Lula's action against betting companies has electoral motivation and asks the Supreme Court to suspend the ban.
The Brazilian Association of Radio and Television Broadcasters (ABERT) filed a request with the Supreme Federal Court to participate as amicus curiae in Direct Action of Unconstitutionality (ADI) No. 8.027, filed by the National Association of Games and Lotteries (ANJL) against Provisional Measure No. 1.394/2026, which prohibits throughout the country the exploitation, offering, intermediation, and advertising of fixed-odds betting. The entity also expressed its opposition to the Provisional Measure in ADI No. 7.749, in which it had already been admitted as amicus curiae . Both actions are under the jurisdiction of Justice Luiz Fux.
The petition, dated September 30 and signed by the law firm Binenbojm, Cyrino, Koatz e Voronoff, headed by lawyer Gustavo Binenbojm, fully endorses the requests of ANJL. ABERT asks that Fux grant an ex parte precautionary measure , that is, without hearing the government beforehand, suspending the effectiveness of the Provisional Measure until its consideration by Congress or until the judgment on the merits.
According to the document itself, ANJL's action aroused such interest that, even before being assigned to a rapporteur, there were already four requests to participate as amicus curiae . In addition to ADI No. 7.749, ABERT also participates in ADIs No. 7.721 and 7.723, which discuss Law No. 14.790/2023 and are related to the action against the Provisional Measure.
Broadcasters as direct recipients
The entity, which claims to represent approximately 2.500 broadcasters across all states and the Federal District, argues that the Provisional Measure does not only affect operators. Article 16 prohibits all communication, advertising, marketing, and sponsorship activities related to betting, in any medium, and imposes a 10-day deadline on media outlets to remove the material from circulation, under penalty of the sanctions of Article 56 of the Consumer Protection Code, including counter-advertising, as well as civil and criminal liability.
According to ABERT, the damage to its members is "already underway": since the publication, broadcasters have been prevented from airing new advertisements, entering into or renewing contracts, and executing previously agreed-upon arrangements. The deadline for removing the material is October 5th.
Legal reserve for advertising
One of the central arguments of the document is that Article 220, §§ 3 and 4, of the Constitution requires a formal law to restrict commercial advertising, even of products harmful to health, such as tobacco and beverages. ABERT cites ADI No. 4.717, in which Minister Cármen Lúcia noted that the list of matters prohibited to Provisional Measures in Article 62 is illustrative, and ADI No. 3.311, in which the Supreme Federal Court recognized commercial advertising as a protected form of expression.
"Misuse of purpose" and the electoral calendar
The petition dedicates a long section to what it calls a misuse of purpose. It recalls that it was President Lula himself who issued Provisional Measure No. 1.182/2023 and sent the bill that originated Law No. 14.790/2023, sanctioning the core of the regulatory model without any objection to the legalization of the activity.
ABERT also points to three acts by the Executive Branch that presupposed the continuity of the market: the inclusion of betting in the Selective Tax by Complementary Law No. 214/2025; the Draft Budget Guidelines Law for 2027, sent in April, which lists 86 acts of authorization from SPA/MF valid until 2030; and Lula's government plan registered with the TSE, whose references to the topic point to regulation, not prohibition.
The organization highlights the timeline of the Provisional Measure, issued nine days before the first round of voting: deadline for withdrawing funds and removing advertising on October 5th, the day after the vote; websites taken offline on October 6th; and termination of licenses on October 25th, the date of the second round. Based on ADI No. 7.212, judged in 2024, ABERT argues that the use of an exceptional instrument during an election period violates the principle of equal footing among candidates.
No urgency, with projects under consideration.
The document argues that there is no urgency as required by article 62. It cites official data from SPA/MF, already presented by ANJL, according to which the monthly volume of contributions fell by approximately 42% in 2026 compared to 2025, and the number of bets by approximately 16%.
It also recalls that the topic was already under debate in Congress: Bill No. 2.470/2026, by Senator Damares Alves and six other senators, including Teresa Leitão and Humberto Costa (PT), had a favorable opinion approved in the CCT on September 2nd, with a request for urgency; and Bill No. 2.985/2023, by Senator Styvenson Valentim, was approved by the Senate in May 2025 and is awaiting the Chamber of Deputies. ABERT invokes ADI No. 7.232, in which the Supreme Federal Court suspended Provisional Measure No. 1.135/2022 for undoing what Congress had decided.
Confiscation and expropriation
The petition states that the Provisional Measure violates Article 62, § 1, II, which prohibits provisional measures aimed at the detention or seizure of financial assets. Among the challenged provisions are the blocking of transactions in transactional accounts, the transfer of unrefunded balances to an account at Caixa Econômica Federal "without a deadline for repayment," and the forfeiture of funds in favor of the Union without prior judicial proceedings (Article 28).
It also classifies as misappropriation the full retention of R$ 30 million in grants, paid by 85 companies for five-year authorizations, which expired in the 22nd month, and the express veto of any compensation (article 4, sole paragraph). According to ABERT, article 21 of SPA/MF Ordinance No. 827/2024 conditioned the revocation on a proven supervening fact and a process with adversarial proceedings. The entity notes that, on September 10, just 15 days before the Provisional Measure, SPA itself issued Ordinance No. 2.750/2026 to reinforce the fight against the illegal market within the authorized regime.
illegal market
ABERT mentions the study "Off the Radar 2.0 " by LCA Consultoria, according to which the share of the illegal market fell from 41%–51% in 2025 to 38%–44% in 2026, and cites a statement by Minister Dias Toffoli in the judgment of Theme 924, in August, warning that a total ban pushes the activity into illegality, where the State has no control.
Finally, the organization emphasizes that the urgent procedure for the Provisional Measure in Congress only begins on November 9th, with an initial deadline for deliberation on November 23rd, by which time all the effects of the measure will have already been implemented.
