Fux calls for a public hearing on the betting bill for November 3rd and brings together government representatives, the sector, and ten clubs at the Supreme Court.
Brazilian Supreme Court Justice Luiz Fux has called a public hearing to discuss Provisional Measure No. 1.394/2026, which banned fixed-odds betting in the country. The order was published on Monday night (26), in the records of the precautionary measure in ADI 8.027, and schedules the hearing for Tuesday, November 3, at 10 am, in the session room of the Second Panel of the Supreme Court.
According to the ruling, the hearing fulfills requests from the Attorney General's Office (AGU), the authors of ADI 8.027, and the amici curiae. Fux also ordered that a copy of the decision be attached to ADIs 7.721, 7.723, 7.749, 8.024, 8.028, and 8.035, all under his jurisdiction.
Who will speak?
The rapporteur listed 26 participants, divided into four groups:
⇒ Plaintiffs: the National Confederation of Commerce (CNC, ADI 7.721), the Attorney General's Office (ADI 7.749), the National Association for the Legal Security of Games and Betting (ANSEJA, ADI 8.024), the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR), both plaintiffs in ADI 8.027, the National Association of Mayors and Deputy Mayors (ANPV, ADI 8.028) and Abracopel, representing concessionaires and permit holders of state lotteries (ADI 8.035).
⇒ Government: the Attorney General's Office and the Ministry of Finance.
⇒ Entities and academia: the Brazilian Association of Radio and Television Broadcasters (ABERT), the Brazilian Association of Criminal Lawyers (ABRACRIM), the Economic Regulation Laboratory of UERJ (UERJ Reg), the National Confederation of Industry (CNI), the Brazilian Association for Economic Freedom (ABLE), and the International Gaming Association (AIGAMING).
⇒ Football: Flamengo, Fluminense, SAF Botafogo, Cruzeiro SAF, São Paulo, Corinthians, Ponte Preta, Vitória, Guarani, Portuguesa SAF and the Brazilian Football Confederation (CBF).
Decision postponed once again.
The ruling frustrates expectations of a preliminary injunction immediately following the second round of voting, as the rapporteur himself had indicated. Since the issuance of the provisional measure on September 25th, operators and ANJL have filed 19 lawsuits in Federal Court requesting the suspension of the measure's effects, without obtaining a preliminary injunction. The companies' authorizations expired on October 25th, the day of the vote that re-elected President Lula.
It is noteworthy that the hearing was also requested by the Attorney General's Office (AGU). In its submission to ADI 7.721 on October 5th, the Union already argued that the debate should only take place after the effects of the Provisional Measure were measured, a strategy that BNLData pointed out as a way to buy time and avoid a decision by the rapporteur before the election. With the hearing scheduled, any precautionary decision will, in practice, be postponed until after November 3rd, with the sector at a standstill and bettors migrating to the illegal market.
Clubs gain a voice.
The presence of ten clubs and the CBF (Brazilian Football Confederation) is the main novelty compared to the public hearing that Fux conducted in November 2024, in ADI 7.721, regarding Law 14.790/2023. Football is one of the sectors most affected by the prohibition, with the loss of main sponsorships. Two of the clubs summoned, Botafogo and Guarani, are in judicial reorganization. Flamengo and Fluminense staged the protest against the Provisional Measure on October 11th during the Fla-Flu derby.
ABERT, which represents broadcasters with advertising contracts and partnerships with betting companies, was also called.
Absences
The list does not include the Ministry of Health or the Ministry of Justice and Public Security, ministries whose ministers have publicly supported the need for the ban. Only the Attorney General's Office (AGU) and the Ministry of Finance are represented on behalf of the government. There are also no individual operators: the regulated market will be represented by ANJL, IBJR, ANSEJA, and AIGAMING.
For the sector, the hearing will be the first opportunity to present to the Supreme Court, with official data, the effects of a month-long ban. The challenge is to convince the rapporteur that, while the debate drags on, the illegal market is the winner. As BNLData has been repeating for years, gambling is either legal or illegal; not gambling is impossible.
