The Brazilian attorney general's office, known as AGU, has requested a 72-hour timeframe from Supreme Federal Court (STF) Minister Luiz Fux to respond to a legal challenge regarding the country's recent betting ban. This request came on Monday, following a lawsuit filed by betting organizations aimed at overturning a provisional measure that Brazilian President Luiz Inácio Lula da Silva announced on Friday, which bans betting activities.
In its request, the AGU emphasized the need for responsible parties to prepare their defense regarding the current acts and regulations. They clarified that this request is procedural and does not imply a stance on the substance of the legal issues at hand.
The National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) are leading the challenge. They are seeking to suspend the effects of the provisional measure and are urging that various governmental bodies, including the Ministries of Finance and Justice, Anatel (the telecommunications regulatory agency), the Central Bank, and Caixa Econômica Federal, refrain from revoking licenses, blocking payments, or shutting down websites and applications.
These organizations argue that the provisional measure is unconstitutional, asserting that it does not provide the necessary urgency for such a measure, lacks comprehensive technical studies on its implications, and could undermine confidence in Brazil’s business environment.
The lawsuit notes that Brazil currently has 85 licensed betting companies, each of which paid BRL30 million (approximately $5.7 million) for their licenses. The provisional measure raises concerns that the government may need to refund these payments, totaling around BRL2.5 billion.
In a statement, the AGU noted that their request was intended to ensure the government could adequately respond before the STF deliberates on the claims made by the sector. They stated, "The attorney general’s office requested this Monday (September 28) that the Supreme Federal Court grant a 72-hour period for the presidency of the Republic and AGU itself to comment on the requests submitted by ANJL and IBJR regarding rules applicable to the fixed-odds betting sector."
The AGU’s announcement also highlighted that ANJL advocates for the interests of companies in the gaming and betting sector, while IBJR has also raised issues related to the regulation and operation of betting platforms. The AGU insists that the responsible bodies should be given the opportunity to present their arguments before the Supreme Court reviews these new submissions.
