In the Supreme Court, the Attorney General's Office avoids anticipating its position on the betting law, and Fux speaks of "deciding not to decide."

The Attorney General's Office (PGR) did not anticipate any position on the provisional measure that banned fixed-odds betting in the country. The statement occurred at the end of the public hearing convened by Minister Luiz Fux, of the Supreme Federal Court (STF), this Tuesday (3). Deputy Attorney General Luiz Augusto Santos Lima, who followed the proceedings since the morning, recalled that the PGR filed, in November 2024, the Direct Action of Unconstitutionality (ADI) 7749.

According to him, the central argument of the lawsuit was that regulation was not enough to protect the fundamental rights of consumers and the national economy. "I think it still does," he stated, adding that the argument remains valid.

Santos Lima, however, made it clear that he could not go beyond that. He informed that the Attorney General of the Republic has not yet reviewed the action challenging the provisional measure. "I cannot, in any way, anticipate a value judgment, as I am not the natural prosecutor for the case; that is the Attorney General," he said. According to the Deputy Attorney General, the arguments presented at the hearing will give the head of the Federal Public Prosecutor's Office the conditions to "better assess this matter."

The deputy attorney general also commented on the complexity of the issue and recalled the first public hearing on the betting schemes, held in November 2024. “I started with one idea of ​​the problem, by midday I already had another, and by the end of the afternoon I was completely… you know, Minister? We remember the mess it was,” he recounted.

He concluded with a plea for balance: "Passions are important, but rationality prevails."

Fux: "The great virtue of the Courts is to decide not to decide."

In closing, Luiz Fux acknowledged the limitations of the Judiciary in this matter. According to the minister, the Supreme Court sometimes lacks the institutional capacity and expertise to resolve certain demands. Even so, once called upon, it must issue a ruling.

"I hold the view that the great virtue of the Courts, at certain times, is to decide not to decide and to return the resolution of these issues to the proper forum," he stated, signaling that the topic may return to the Legislative and Executive branches.

The minister considered the hearing "very successful." According to him, the data presented were "completely different, not antagonistic, but different" from those collected in 2024. Fux said he will take the information to the other members of the Court "if we are called upon to decide." He acknowledged that he has his point of view, but reminded them that the decision will be collegial.

The rapporteur recalled the interrupted trial. He recounted that, despite the arguments presented at the first hearing, a colleague requested a review. According to Fux, this request allowed "new players" to present information, especially after the issuance of the provisional measure. "We will have to decide on eight declaratory actions of unconstitutionality," he said.

The points that caught the rapporteur's attention.

Fux cited the topics from the hearing that he considered most relevant:

⇒ the economic and financial imbalance of the contracts;

⇒ illegal betting and organized crime;

⇒ the athletes' salaries, an issue that, according to him, the Court "did not take into account";

⇒ the competitive disadvantage of Brazilian football, with mention of Argentina ("we have our preferences," he joked);

⇒ the fact, which he classified as "completely unknown," that women gamble more at the expense of consuming essential goods;

⇒ legal certainty;

⇒ the risk of predatory litigation.

The minister assessed that the hearings were sufficient, but said that this "does not close the door to a possible later moment."

To conclude, he quoted the American jurist Cass Sunstein, former advisor to President Barack Obama. According to Fux, a judge must decide "even if the sky falls on Earth." But, if the sky really does fall, "he must think very carefully and act with prudence, love for the good of the people, for truth and for justice." The minister thanked the speakers and the press for their transparency and closed the session.