Abratel requests to participate as amicus curiae in lawsuits against the Betting Law at the Supreme Federal Court.
The Brazilian Association of Radio and Television (Abratel) filed two requests to participate as amicus curiae in the Supreme Federal Court, both related to actions questioning the constitutionality of Law No. 14.790/2023, known as the Bets Law. The requests were submitted on August 31 and September 1, 2026, and refer to ADIs No. 7.723 and No. 7.749, both under the rapporteurship of Minister Luiz Fux.
The entity, founded in Brasília on March 11, 1999, and representing broadcasters such as Record, Rede TV, Rede CNT de Televisão, Record News, and Rede Família, claims to have direct thematic relevance to the subject of both lawsuits. The central argument is that the Betting Law and the regulations governing it—especially Ordinance SPA/MF No. 1.231/2024—expressly regulate communication, advertising, and marketing actions of betting houses, a matter that directly affects the broadcasters associated with the entity.
The two actions
Direct Action of Unconstitutionality (ADI) No. 7.723 was filed by the Solidarity Party and requests a declaration of the complete unconstitutionality of Law No. 14.790/2023. The party argues that the law encourages gambling with economic, social, and public health impacts, especially on the most vulnerable classes, in violation of constitutional provisions including articles 1, 170, 174, 196, and 227 of the Constitution. As a precautionary measure, the party requested the suspension of the law until the final judgment of the action.
ADI No. 7.749, proposed by the Attorney General of the Republic (PGR), has a broader scope: in addition to challenging most of the Betting Law, it requests the annulment of articles 29 to 33 and 35-A of Law No. 13.756/2018 and all ordinances issued by the Secretariat of Prizes and Bets of the Ministry of Finance (SPA/MF). The PGR argues that federal regulation is insufficient to protect the economy and the fundamental rights of consumers in the face of the operation of the virtual betting market, and even requested the reinstatement of the practice's classification as a criminal offense, under the terms of Decree-Law No. 3.688/1941. The Federal Senate, in turn, requested the dismissal of the initial request due to ineptitude and, on the merits, the dismissal of the action. ADIs No. 7.749 and No. 7.723 were assigned to Fux due to their connection to ADIs No. 7.640 and No. 7.721.
The interest of broadcasting
Abratel argues that a potential declaration of unconstitutionality of the challenged provisions would have systemic effects on the entire commercial advertising chain, not just on companies in the betting sector. The organization emphasizes that articles 16 to 18 of the Betting Law specifically address communication and marketing actions by betting companies, and that Ordinance No. 1.231/2024 details the sector's advertising rules, including the protection of children, adolescents, and vulnerable consumers.
The association also mentions that the law itself encourages advertising self-regulation, exercised by the National Council for Advertising Self-Regulation (Conar), whose rules establish parameters for responsible gambling advertisements. To demonstrate its capacity for institutional action in the Supreme Federal Court (STF), Abratel cites a precedent in which it filed ADI No. 5.432 on Tuesday (December 8, 2015) against a state law in Santa Catarina that prohibited the advertising of medicines in the media; the action was unanimously ruled in its favor, with Minister Dias Toffoli declaring State Law No. 16.751/2015 unconstitutional.
If the requests to join the case are accepted by Minister Fux, Abratel has committed to submitting written briefs, contributions, and oral arguments in both actions.
