The Brazilian attorney general's office (AGU) has requested a 72-hour period from Supreme Federal Court (STF) Minister Luiz Fux to respond to a legal challenge concerning the country’s betting ban. This request was made on Monday, following a lawsuit filed by betting entities aiming to overturn the provisional measure prohibiting betting, a ban announced by President Luiz Inácio Lula da Silva on Friday.
The AGU stated that this timeframe is necessary for the relevant authorities to mount a defense regarding the regulations in question. Importantly, the request is procedural and does not reflect a stance on the legal merits of the case.
The National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) are seeking a suspension of the ban's effects. They have also requested that several government bodies, including the Ministries of Finance and Justice, Anatel (the telecommunications regulatory agency), the Central Bank, Caixa Econômica Federal (a state-owned bank), and the Internet Steering Committee, refrain from revoking licenses, blocking payments, or shutting down websites and applications linked to betting.
These organizations argue that the provisional measure is unconstitutional, claiming it lacks the requisite urgency for such a measure, does not include necessary technical impact studies, and could undermine Brazil's business confidence.
According to their lawsuit, Brazil has 85 licensed betting companies, each having paid BRL30 million (approximately $5.7 million) for their concessions. The new measure could lead to a situation where the government might need to reimburse these fees, which together total about BRL2.5 billion.
In a statement, the AGU emphasized that the request is to provide the government with a chance to present its response to the STF before considering the claims from the betting sector.
The AGU noted, "The attorney general's office requested this Monday (28 September) that the Supreme Federal Court grant a 72-hour period for the presidency of the Republic and the AGU itself to comment on the requests submitted by ANJL and IBJR concerning regulations impacting fixed-odds betting.
ANJL, representing gaming and betting companies, filed a petition within ongoing proceedings that challenge measures affecting betting platform operations. IBJR also made related requests. Given these developments, the AGU believes that the responsible bodies should have the chance to defend their actions before the STF reviews the matter.
Consequently, the attorney general’s office has sought the Supreme Court's consideration of their request to hear from the presidency and AGU within 72 hours before deliberating on the entities' claims.
