ANJL and IBJR ask Fux for a decision on the Betting Provisional Measure before 23:59 pm on Monday.
The National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) filed two petitions in ADI 7.721, at the Supreme Federal Court, asking Minister Luiz Fux, rapporteur also of ADIs 7.723 and 7.749, for urgency in the analysis of the precautionary measure to suspend Provisional Measure No. 1.394/2026, which extinguishes the regulated fixed-odds betting market.
The first statement, published in the procedural record on October 1st (Petition 123796) and dated September 28th, informs that ANJL filed a Direct Action of Unconstitutionality (ADI) against the Provisional Measure, combined with a Declaratory Action of Constitutionality (ADC) of Chapter V of Law No. 13.756/2018 and Law No. 14.790/2023, requesting Fux's intervention. The second, dated October 2nd (Petition 124844), sets the deadline: the entities want a decision before 23:59 PM on Monday, October 5th.
"The object of the action is fulfilled"
According to the petition, this is the date on which voluntary withdrawals end, authorized websites and applications must be shut down under penalty of blocking, open bets become ineffective, and all advertising and sponsorship must be removed. "At 23:59 PM on Monday, therefore, it is not a deadline that expires: the object of the action is fulfilled," the lawyers state.
The schedule presented to the rapporteur is as follows:
⇒ 25/09: Publication of the Provisional Measure, prohibiting new deposits and advertising.
⇒ October 5th, 11:59 PM: Platform shutdown and sponsorship withdrawal
⇒ October 7th and 8th: submission of the individualized list of bettors, under penalty of a daily fine of R$ 200,000.
⇒ October 9th to 14th: Bank refund and remittance of remaining balances to Caixa.
⇒ 25/10: termination of authorizations, without return of the grant.
⇒ 09/11: Start of the urgent procedure for the Provisional Measure in Congress
The organizations argue that Congress will only deliberate when "everything is finalized" and remind that, according to Article 62, § 11, of the Constitution, relationships established during the validity of the Provisional Measure remain governed by it even if it is rejected.
The three vices pointed out
The petition summarizes the arguments from the initial filing of ADI 8.027:
Lack of urgency. The defunct regime originated from Bill 3.626/2023, initiated by the Executive branch itself. On the eve of the Provisional Measure, the Ministry of Finance responded to a request via the Access to Information Law with "Information Does Not Exist," noting that there were no studies on the impacts of a potential prohibition.
Subject matter prohibited by provisional measure. For the entities, the provisional measure returns the activity to the realm of criminal offenses and allows for the forfeiture of assets in favor of the Union without prior judicial proceedings.
Violation of legal certainty. Between January 2025 and March 2026, 83 companies paid R$ 2,55 billion for 85 five-year concessions, which expired within thirty days.
illegal market
Based on a Technical Note from LCA Consultoria, the organizations state that the Provisional Measure “eliminates regulated supply, not demand.” According to the document, 58 new illegal websites appeared on September 25th, another 334 the following day, and almost 700 by September 29th. The initial petition cited 833 new websites, based on data from the bet-legal.org observatory.
ANJL also submitted, under secrecy, a Technical Detection Report that identified 18.195 illegal websites offering services in Brazil in just over four hours, between the night of September 28th and the early morning of September 29th. In 15.670 domains, the names vary only in the numerical part, a pattern consistent with the automated production of clones. The petition notes that the report does not state the creation date of the domains nor any causality with the Provisional Measure. This number is equivalent to approximately 3,5 times the 5.209 websites whose blocking the government had requested.
Fiscal and social impact
The Technical Note estimates a loss of R$ 3,7 billion to R$ 4,3 billion for the Federal Government in three months. The Provisional Statement of the Provisional Measure admits to R$ 1,541 billion in 2026. The petition also cites R$ 437,9 million allocated, between January 2025 and July 2026, to entities such as COB, CPB, APAEs, Pestalozzi and the Red Cross, in addition to approximately 10 direct jobs and 5,5 indirect jobs.
Among the safeguards that would disappear, the entities list 827 people prevented from gambling due to debt renegotiation and more than 1,2 million self-exclusion requests. "The Provisional Measure does not prohibit gambling, it only prohibits gambling that the State oversees," the text says.
Precedent and requests
The lawyers cite ADI 7.232, reported by Minister Cármen Lúcia, in which the Plenary ratified the suspension, with ex tunc effects, of a provisional measure that reversed a decision by Congress. They also note that the Attorney General's Office requested 72 hours to respond on September 28, a deadline that, according to the petition, passed without a reply.
The main request is for the complete suspension of the Provisional Measure until it is reviewed by Congress or judged on its merits. Alternatively, they request suspension only for authorized operators or an extension of the deadlines for at least six months. In any case, they ask that the Treasury, SPA, MJSP, Anatel, Central Bank, Caixa, and CGI.br refrain from implementing the measure.
Signatories include Pietro Cardia Lorenzoni, Bernardo Cavalcanti Freire, and Marcelo J. Bulhões M. representing ANJL, and Celso Cintra Mori, Vicente Coelho Araújo, and André Santa Ritta representing IBJR.
