Brazil's Supreme Court suspends the blocking of active accounts at betting operators and schedules a hearing for February.
Minister Luiz Fux, of the Supreme Federal Court, temporarily suspended the compulsory blocking and closure of already active accounts in betting operators of people benefiting from the Bolsa Família Program and the Continuous Benefit Payment. The decision was taken this Friday (19), in response to a petition from the National Association of Games and Lotteries (ANJL) within the scope of ADI 7.721.
The measure maintains the prohibition on new registrations or the opening of new accounts established by Normative Instruction SPA/MF 22/2025, but prevents the closure of existing accounts until a conciliation hearing is held.
The Association challenged Ministry of Finance Ordinance SPA/MF No. 2.217/2025 and Normative Instruction SPA/MF No. 22/2025, which prohibit beneficiaries of the Bolsa Família Program and the Continuous Benefit Program from participating in fixed-odds betting. The Association argued that these normative acts by the Ministry of Finance exceeded the limits of the previous precautionary decision in the same Direct Action of Unconstitutionality (ADI) and violated economic freedom and the principle of equality.
In its alternative request, the entity asked that "the effective date of the operational obligations that imply the blocking and compulsory closure of active accounts be extended to a time after the conclusion of the conciliation phase."
The minister based his decision on two main factors: the proximity of the judicial recess and the risk of irreversible consequences of actions that could be taken based on the regulations in question.
Fux also moved the date of the conciliation hearing forward to February 10, 2026, at 15 p.m. The other provisions of the previous decision were maintained in full.
The partial suspension establishes a temporary balance between the positions, preventing the closure of existing accounts, but maintaining the restriction on new registrations until the discussion at the conciliation hearing scheduled for the beginning of next year.
Context of the controversy
The controversy began after the entry into force of Ordinance SPA/MF No. 2.217/2025 and Normative Instructions SPA/MF No. 22/2025 and 24/2025, which generated different interpretations on how to implement the precautionary measure partially granted by Fux on November 13, 2024, and ratified by the Plenary of the STF on November 18 of the same year.
Originally, the minister had scheduled a conciliation hearing for March 17, 2026, summoning the National Confederation of Commerce of Goods, Services and Tourism (CNC), the plaintiff in the action, the Brazilian Association for Economic Freedom (ABLE), the Union, the Ministry of Finance, and the Attorney General's Office.
ANJL, which represents approximately 21 companies in the betting sector that are legally authorized or in the process of authorization in Brazil, requested its inclusion in the conciliation hearing, arguing that none of the designated entities directly represented fixed-odds betting operators, the main stakeholders in regulatory compliance.
Allegation of excessive regulation.
ABLE had sent a statement to the Supreme Federal Court on December 1st denouncing that the new regulations from the Ministry of Finance were unduly affecting people without social benefits. According to the association, the implemented restrictions would affect not only direct beneficiaries of social programs, but also their dependent family members registered in official databases.
The organization presented documents claiming to prove that the limitations were impacting people who do not receive any social benefits but are listed as dependents in government records. There is evidence of inconsistencies in registration data and outdated information in the databases used that would result in false positives, including involving family members of beneficiaries who do not receive benefits and people who no longer receive welfare benefits.
Institutional activities of ANJL
ANJL has been actively participating in the sector's regulatory process. On September 25, 2025, the association, together with the Ministry of Finance and ANATEL, signed Technical Cooperation Agreement No. 4/2025, aimed at improving the detection and combating of illegal gambling offerings in Brazil.
Subsequently, on September 30, 2025, Cooperation Agreement MESP No. 9/2025 was signed between the Union, through the Ministry of Sport, and ANJL, aiming at the prevention of manipulation of sports results and the promotion of responsible gaming practices.
The association also participated in the public hearing convened by Fux within the scope of ADIs No. 7.721 and No. 7.723, acting as a speaker on November 11, 2024, when it presented technical considerations on the impacts of the regulation of online betting, highlighting aspects related to the protection of vulnerable groups.
Fux's original preliminary decision, on November 13, mandated the immediate application of measures to prevent participation in fixed-odds betting with funds from social and welfare programs such as Bolsa Família, the Continuous Benefit Payment, and similar programs, until the conclusion of the merits trial of said actions.
