Legal action in the TSE (Superior Electoral Court) places the betting law at the center of the request to annul the Lula-Alckmin ticket.
The Superior Electoral Court (TSE) admitted this Thursday (5) the action of the Novo party that accuses the ticket of Luiz Inácio Lula da Silva and Geraldo Alckmin of abuse of political and economic power in the 2026 presidential elections. The decision is from the general inspector of the Electoral Justice, minister Ricardo Villas Bôas Cueva. It only opens the process and does not enter into the merits of the request.
Among the acts cited by Novo is Provisional Measure No. 1.394/2026, which prohibited fixed-odds betting platforms in the country. According to the party, the measure is part of a set of benefits and decisions with strong popular appeal whose validity or payment coincided with the voting dates.
The argument of the New
The lawsuit was filed on October 20th, before the second round of voting. According to the petition, Lula issued 35 decrees between January 1st and October 16th, 2026, that created or expanded benefits or addressed issues of strong popular appeal. This is the same number of decrees issued in the previous three years of his term combined. Twelve of these decrees were issued between August 16th, the official start of the campaign, and October 16th.
In addition to the betting MP, the list includes:
⇒ the diesel subsidy;
⇒ the decree that eliminated the PIS/Cofins tax on gasoline and ethanol;
⇒ the 15% increase in Bolsa Família benefits, the first since 2023, signed 17 days before the first round of elections and paid starting October 19th;
⇒ the end of the "blouse tax";
⇒ Move Brasil bus lines aimed at truck drivers and ride-hailing app drivers.
The party also draws attention to a reversal by the government itself. The ban on betting affects a sector that the Lula administration regulated and licensed, based on Law No. 14.790/2023.
What the industry was already saying
BNLData classified the Provisional Measure as electioneering from the moment it was announced on September 25th, the same date as its publication in the Official Gazette. At the time, the press showed that the Presidential Palace had decided to use the ban as a rallying cry for the final stretch of the campaign. The event with artists in Rio de Janeiro on September 23rd displayed the phrase "Flávio is the bet. Lula is the way" on the screen. Now this calendar, criticized by the sector, becomes part of a process in the Electoral Court.
The score shows how close the race was. In the first round, Lula finished behind Flávio Bolsonaro (PL), with 45,16% of the valid votes against 47,03%. In the second round, he turned the tide and won by 51,79% to 48,21%.
Next Steps
With the action admitted, the inspector decides what evidence will be produced. Then, the Electoral Public Prosecutor's Office issues its opinion, and the case goes to the full bench of the TSE (Superior Electoral Court). Under the Ineligibility Law, a conviction for abuse of power can lead to the revocation of the diploma and ineligibility for eight years. With this action, the number of cases concerning the presidential race that could be investigated under the reporting of Villas Bôas Cueva rises to 20.
MP 1.394 faces other fronts at the same time. Operator licenses fell on October 25. The measure will block the Congressional agenda next Monday (9), and the joint committee has not yet been installed. In the Supreme Court, the actions against the MP will be judged together with the ADIs of Law 14.790, ADPF 1212 and RE 966177, still without a date.
