Minister Fux gives the Attorney General's Office and the Prosecutor General's Office five days to analyze the rules on betting that were questioned in the Supreme Court.

Minister Luiz Fux, of the Supreme Federal Court (STF), determined that the Attorney General's Office (AGU) and the Attorney General of the Republic (PGR) present statements on recent regulations of the Prizes and Bets Secretariat of the Ministry of Finance (SPA/MF). The decision was made this Wednesday (3) in Brasília, within the scope of Direct Action of Unconstitutionality (ADI) 7.721.

The agencies will have a common deadline of five days to analyze Ordinance SPA/MF No. 2.217/2025 and Normative Instructions SPA/MF No. 22/2025 and 24/2025. The order requests a specific evaluation of allegations contained in Petitions No. 162604 and 172602 , which question the constitutionality of the measures.

The petitions argue that the regulations represent anti-egalitarian practices and promote socioeconomic segregation. Fux, the rapporteur for the case, requests that the Attorney General's Office and the Prosecutor General's Office specifically evaluate these points.

The Brazilian Association for Economic Freedom (ABLE) sent a statement to the Supreme Federal Court (STF) denouncing that the new regulations from the Ministry of Finance regarding betting are unduly affecting people without social benefits. The document was filed on Monday (December 1st) and addressed to Minister Luiz Fux, who is also the rapporteur for ADI 7.723/DF, in addition to the aforementioned ADI 7.721/DF.

According to ABLE, the restrictions implemented by the regulations affect not only direct beneficiaries of social programs, but also their dependent family members registered in official databases. The association presented documents that, it claims, prove that the limitations are impacting people who do not receive any social benefits, but are listed as family dependents in government registries.

It is worth noting that, on November 10th, ABLE had already filed an amicus curiae brief with the STF in the same ADIs, highlighting the urgency of the matter given the imminent deadline set by Normative Instruction SPA/MF No. 24/2025, which established December 1st, 2025 as the deadline for betting operators to implement blocking mechanisms.

In the document sent to the Supreme Court, the association requests that the Court recognize the "undue excess implemented in the enforcement of the preliminary injunction" and order the Federal Government to adopt immediate measures to comply with the decision within its strict limits: preventing the use of resources from social programs in fixed-odds betting without, however, excluding the beneficiary from the regulated environment.

It is important to contextualize that, in a monocratic decision published on November 13th, Minister Luiz Fux granted a partial injunction in ADIs 7721 (proposed by the National Confederation of Commerce of Goods, Services and Tourism – CNC) and 7723 (proposed by the Solidarity Party). The decision determined the immediate application of measures that prevent participation in fixed-odds betting with resources originating from social and welfare programs such as Bolsa Família, the Continuous Benefit Payment, and similar programs, until the conclusion of the merit judgment of the aforementioned actions.

ADI 7.721 is being processed in the Federal District and questions whether the rules implemented by the Ministry of Finance violate constitutional principles related to equality and non-discrimination.