Brazil
Brazil’s Supreme Court sets 3 November hearing for betting ban
The hearing will come before any Supreme Court ruling on the ban, with no injunction granted, and Congress due to decide the MP’s fate by 23 November.


Brazil’s Supreme Court (STF) has set 3 November 2026 as the date for a hearing on Brazil’s betting ban and the impact of Provisional Measure (MP) 1.394/2026. 
 
Justice Luiz Fux, rapporteur of the challenges, issued the order in ADI 8.027, the action filed by industry associations ANJL and IBJR in a bid to suspend the MP. 
 
He called football clubs and gambling operators to court for the hearing, as well as the Attorney General’s Office and the Ministry of Finance, alongside representatives of the federal government. 
 
The order came just one day after the date the MP had set for gambling licences to be extinguished.
 
The hearing will come before any Supreme Court ruling on the ban, with no injunction granted, and Congress due to decide the MP’s fate by 23 November. 
 
Who will be at the hearing 
 
Fux signed the order (despacho) in the injunction request (Medida Cautelar) in ADI 8.027, featuring ANJL and IBJR as the plaintiff, and the President of the Republic and the National Congress as respondents, both represented by the AGU. 
 
The order reads: “At the request of the Attorney General’s Office (eDoc 264), the plaintiffs of ADI 8.027 (eDocs 203 and 263) and the amici curiae, I schedule a public hearing for 3 November 2026, Tuesday, at 10am, in the session room of the Second Panel of the Supreme Federal Court.” 
 
The hearing will count with 26 participants, including the plaintiffs of ADIs 7.721, 7.749, 8.024, 8.027 (ANJL and IBJR), 8.028 and 8.035; the AGU and the Ministry of Finance; ABERT, ABRACRIM, UERJ Reg, CNI, ABLE and AIGAMING; 10 football clubs and the CBF. 
 
So far, the order does not set the hearing’s topics or format, nor does it rule on the injunction.
 
How ADI 8.027 reached the hearing
 
Three days after president Luiz Inácio Lula da Silva signed Brazil’s betting ban, ANJL and IBJR filed ADI 8.027 to strike down the ban on fixed-odds betting in the country and uphold the betting laws it replaced. 
 
The trade associations also requested to suspend the ban until Congress or the court decides, or at least grant licensed operators a transition period. 
 
Fux waited until after the Brazilian runoff to avoid accusations of favouring either Lula or Flávio Bolsonaro candidates.  
 
Lula’s re-election keeps the government behind the ban in power, and he said during his campaign gambling will not return.  
 
Flávio Bolsonaro had signalled keeping sports betting and banning online casinos, while the Federal Police asked the STF to investigate whether he was a hidden partner in the operator Best Bet, something he denies. 
 
Date (2026)  Event 
28 Sep  ADI 8.027 filed. The same day, ANJL and IBJR file a second petition informing Fux and asking him to rule within the cases he already handles. 
1 Oct  IBJR asks to be admitted as amicus curiae, attaching a statement and 13 documents. São Paulo and Botafogo also ask to join. 
2 Oct  The STF assigns ADIs 8.024, 8.027 and 8.028 to Fux, because he already handles the related ADI 7.721. That day he gives the AGU 72 hours to respond, in ADI 7.721. 
2 Oct  Cruzeiro, Fluminense and 14 other clubs ask to be heard and support the ANJL/IBJR injunction request. 
5 Oct  The AGU, through Jorge Messias, asks Fux to keep the MP in force and to wait for the PGR’s opinion before deciding. 
9–23 Oct  Lower courts defer to the STF: TRF3 overturns the only injunction an operator had won (9 Oct); a federal court in Brasília suspends ANJL’s collective writ pending the STF (22 Oct); TRF1 upholds that suspension (23 Oct). 
21 Oct  The TCU, the federal audit court, declines to rule on a request to delay the ban, because the matter is already before the STF in ADI 8.027. 
26 Oct  ANJL and IBJR file an urgent 24-page petition asking Fux to decide that day. 
26 Oct  Fux convenes the 3 November public hearing instead of ruling on the injunction. 

 

The hearing will be chaired by a justice who has already set out his views on gambling.  
 
In August, in a separate case (RE 966.177), Fux voted to keep running games of chance as a criminal offence, citing the harm to bettors’ finances and mental health. 
 
What Fux said about gambling 
 
On 6 August, Fux voted that Article 50 of the 1941 Criminal Misdemeanours Act, which makes running games of chance in public an offence, is still compatible with the 1988 Constitution. 
 
His central argument was that the ban protects public order and health. “The state protects the individual from himself,” he said, describing an “entire structure of persuasion” that keeps losing bettors chasing their losses.
 
In the same judgment, he called bets a harmful new market activity, but kept the case to land-based games of chance.
 
Justice Flávio Dino agreed on the ban, but wants online betting judged in the same case and paused the judgment, while Justice Dias Toffoli signalled agreement with Fux. 
 
After the November 2024 hearing in ADI 7.721, Fux said the lack of adequate regulation was the central concern.
 
That month, the full court unanimously upheld his injunction banning betting adverts aimed at minors and ordering measures to stop welfare funds, such as Bolsa Família, from being used for betting.
 
What to watch before 3 November 
 
With the election over, attention turns to the STF, starting with whether Fux publishes the hearing’s programme, speaking times and broadcast details, as the court did in 2024.
 
New filings in ADI 8.027 may follow. These could include an opinion from the Prosecutor General’s Office (PGR), decisions on pending requests to join the case as amici curiae, and further urgent petitions.
 
Beyond the STF, individual operators can still bring their own actions in other courts, as Stake did before an appeals court suspended its injunction.
 
Folha de S.Paulo has also reported, without confirmation, that the hearing could open the way to a settlement between government, operators and clubs.
 
Fux has no fixed deadline to rule on the injunction. If he decides alone, the full court must then confirm or overturn his decision, usually in a virtual session lasting about a week. A final ruling on the merits needs another round of filings from the President’s office, the AGU and the PGR before it can be scheduled.
 
In parallel, the 90-day review Dino requested in the August gambling case ends in early November, and the challenges to the MP could be declared moot if Congress lets it lapse or changes it substantially.
 
In Congress, the joint committee that must review the MP had not been installed as of 21 October, and most of the more than 90 amendments tabled would keep sports betting while banning online casino games.
 
Urgency will be required on 9 November, when the MP begins to block other votes in the house where it sits. The first 60-day period ends on 23 November but extends automatically, so with the year-end recess not counted, the MP could stay in force until March 2027.
 
Even if it lapses, the licences would not automatically return, since acts carried out under an MP remain valid unless Congress regulates them within 60 days.
 
Dingnews.com 28/10/2026

 



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