Brazil STF Expands Hearing on Proposed Betting Ban

Supreme Federal Court (STF) Justice Luiz Fux has partially approved a request from Brazil’s Attorney General’s Office (AGU) to broaden participation in a public hearing examining Provisional Measure (MP) No. 1,394/2026, which seeks to prohibit fixed-odds betting operations in the country.

On Sunday, November 1, Fux set a new date for the hearing: Tuesday, November 3, at 10 a.m. It will take place in the Second Panel’s courtroom as part of Direct Action of Unconstitutionality No. 8,027, filed by the National Association of Games and Lotteries (ANJL) against the provisional measure.

Six Additional Participants Join Hearing

The AGU had raised concerns about the composition of the original participant list, noting that it included 11 representatives from sports organisations and six from betting companies. The government body argued that this distribution could undermine the aim of ensuring “balanced representation of the various currents of opinion.”

Fux accepted part of the request and added six participants: the National Federation of Professional Football Athletes (FENAPAF), the Ministry of Health, the Ministry of Justice and Public Security, the Brazilian Supermarket Association (ABRAS), Grêmio and the Brazilian Paralympic Committee.

The expanded list now includes 34 participants, compared with the initial 28. The hearing was first scheduled for October 26, when 26 people were expected to take part. On the following day, Fux had already ordered the inclusion of the Brazilian Olympic Committee and the Ministry of Sport.

Fux Says Previous Hearings Addressed Betting-Related Harm

Although he approved additional participants, Fux rejected the need to revisit the broader social consequences of gambling. He noted that the STF had previously held public hearings on fixed-odds betting regulation in connection with ADIs 7,721 and 7,723 on November 11 and 12, 2024. Those proceedings examined Law No. 14,790/2023.

The earlier discussions addressed consumer protection, mental health and gambling addiction. Participants included the Brazilian Psychiatric Association (ABP), ABEAD, Instituto Alana, the Brazilian Institute for Consumer Protection (IDEC), DIEESE and the National Confederation of Commerce (CNC).

Fux said the negative consequences of betting were already “well known to the Supreme Federal Court.” He explained that the upcoming session would instead concentrate on the effects of the newly introduced provisional measure.

Among the issues to be examined are claims that the measure has created a legal vacuum, caused significant financial consequences and disrupted existing contractual arrangements.

Previous Fux Ruling on Games of Chance Cited

The justice also referred to his position in Extraordinary Appeal (RE) 966,177/RS, a case concerning the constitutionality of Article 50 of Brazil’s Criminal Misdemeanours Act, which penalises the operation of games of chance.

In that ruling, Fux found that the provision was compatible with the constitutional framework. He stated that there was “no constitutionally guaranteed fundamental right to operate games of chance.”

He also argued that the activity relies on an individual's cognitive inability to assess the risks involved in their decisions.

Justice Flávio Dino subsequently requested further consideration of the judgment, leaving the case suspended.

Fux's reference to the earlier ruling provides context for his position ahead of the November 3 hearing. The proceedings will focus on the legal and economic consequences of MP No. 1,394/2026, rather than reopening the wider discussion of gambling's social effects.