The Brazilian attorney general's office (AGU) has formally requested a 72-hour window to respond to a legal challenge concerning the country’s recent betting ban. This request was presented to Supreme Federal Court (STF) Minister Luiz Fux on Monday, following a lawsuit filed by betting entities aiming to overturn a provisional measure that bans betting. This measure, introduced by President Luiz Inácio Lula da Silva, was announced on Friday.
The AGU noted that the government bodies involved require time to defend the legality of the actions and regulations currently in place. The request is procedural and does not indicate how the AGU might view the merits of the case.
The National Association of Games and Lotteries (ANJL) and the Brazilian Institute for Responsible Gaming (IBJR) have called for the immediate suspension of the provisional measure. They are also urging that various governmental entities, including the Ministries of Finance and Justice, Anatel (the national 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 prohibiting access to websites and applications related to betting.
These organizations argue that the provisional measure is unconstitutional. They claim it fails to demonstrate the urgency typically necessary for such actions, lacks in-depth technical studies of its potential repercussions, and could undermine confidence in Brazil's business climate.
The lawsuit submitted by the associations highlights that there are currently 85 licensed betting companies in Brazil, each of which has paid BRL30 million (approximately $5.7 million) for their operating concession. The provisional measure poses a risk of the government needing to refund this total amount, estimated to be around BRL2.5 billion.
In their statement, the AGU emphasized the importance of giving the government an opportunity to address the recent claims before the STF examines the requests from the betting sector. They stated, "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 the National Association of Games and Lotteries (ANJL) and the Brazilian Institute of Responsible Gaming (IBJR) in actions discussing rules applicable to the fixed-odds betting sector."
The AGU further noted, "ANJL, an entity representing companies in the gaming and betting sector, filed a petition with the Supreme Federal Court within the ongoing legal proceedings, questioning measures related to the regulation and operation of betting platforms. IBJR also formulated requests related to the matter. In light of these new submissions, the attorney general’s office considers it necessary for the bodies defending the challenged acts and regulations to present their arguments to the rapporteur beforehand."
Consequently, the AGU requested that the presidency of the Republic and the attorney general of the Union be permitted to testify within the 72-hour timeframe before the Supreme Court reviews the entities' requests.
