Fux gives the Attorney General's Office 72 hours to comment on the provisional measure that prohibits betting.
Brazilian Supreme Court Justice Luiz Fux ordered on Friday (2) the notification of the Attorney General of the Union to respond, within 72 hours, in ADI 7721, an action in which the National Confederation of Commerce of Goods, Services and Tourism (CNC) questions Law No. 14.790/2023 and in whose records Provisional Measure No. 1.394/2026 was brought, which prohibits the exploitation, offering, intermediation and advertising of fixed-odds betting in the country. “Notify the Attorney General of the Union to respond within 72 hours. Publish,” says the order.
The decision was signed on the same day that the Supreme Federal Court (STF) announced that Fux will be the rapporteur for ADIs 8024, 8027, and 8028, filed against the Provisional Measure and distributed by prevention precisely because of ADI 7721. The distribution was based on article 77-B of the Internal Regulations, which determines the referral to the same rapporteur when there is total or partial overlap of objects between concentrated control actions. The certificate also points to ADIs 7723 and 7749 as related processes, also under the rapporteurship of the minister.
Who are the authors?
ADI 8024 was filed by the National Association for the Legal Security of Games and Betting (Anseja), which requests the complete suspension of the Provisional Measure and had requested its distribution to Fux due to prevention. The entity argues that the rule was issued without the urgency required by the Constitution and deals with matters that could not be regulated by provisional measure.
ADI 8027 was filed by the National Association of Games and Lotteries (ANJL), which also requests the suspension of the Provisional Measure. The action also requests a declaration of constitutionality for Chapter V of Law No. 13.756/2018 and Law No. 14.790/2023, which form the regulatory framework for betting. ANJL requests that the injunction be granted ideally before October 5th, the date on which the platforms are scheduled to go offline, or at least by October 25th, when the federal authorizations are expected to expire.
ADI 8028 was filed on Tuesday (September 29) by the National Association of Mayors and Deputy Mayors of the Federative Republic of Brazil (ANPV), requesting the full suspension of the Provisional Measure and an urgent precautionary measure. In terms of substance, the action challenges the application of the prohibition to the states and the Federal District.
Clubs, broadcasters and PDT in the proceedings
ADI 8027 focuses on requests to participate as amicus curiae. Flamengo, Fluminense, Botafogo, and Cruzeiro already appear as friends of the court, and Vitória joined São Paulo, Ponte Preta, Guarani, and Portuguesa in a petition addressed to the minister. The Brazilian Association of Radio and Television Broadcasters (Abert) also requested to join the action. Conversely, the PDT requested to participate in ADI 8024 to defend the prohibition.
Rapporteur on the topic since 2024
Fux is already the rapporteur for three Direct Actions of Unconstitutionality (ADIs) against Law No. 14.790/2023, which regulated fixed-odds betting: ADI 7721, from the CNC (National Confederation of Commerce), ADI 7723, from the Solidarity party, and ADI 7749, from the Attorney General's Office (PGR). In these cases, the minister held a public hearing in November 2024 and granted a preliminary injunction, ratified by the plenary, regarding advertising directed at children and adolescents and the use of resources from social programs in betting. The merits of the case have not yet been judged.
Short timeframe before websites are blocked
The Provisional Measure reached ADI 7721 through the initiative of entities in the sector. ANJL and the Brazilian Institute of Responsible Gaming (IBJR), admitted as amici curiae, requested that the Supreme Federal Court (STF) consider, in the joint judgment of the actions, the effects of the new rule on the regulatory framework. Clubs such as Flamengo also expressed their opinions in ADIs 7721, 7723 and 7749.
The schedule is tight. According to Anseja, the first irreversible effect of the measure occurs on October 5th, when operators must take their betting websites and apps offline, and the termination of authorizations is scheduled for October 25th. The deadline given to the Attorney General's Office (AGU), counted from the date of notification, ends in the same week as the blocking of the platforms.
With the distribution, the same minister will now analyze, together, the actions that challenge the law that regulated the sector and those that challenge the measure that prohibits it.
