Brazilian betting operators may potentially restart their activities on October 26, but this hinges on an alleged political deal with Flávio Bolsonaro, a presidential candidate. A report from Brasil de Fato references an unnamed source tied to BetMGM, indicating such an agreement exists should Bolsonaro win the runoff election. However, there has been no independent verification of this agreement, and no supporting documents have been released.
The same report mentions that other operators engaged with Bolsonaro's party to facilitate ongoing discussions, with Supreme Court Justice Luiz Fux reportedly aware of the situation. As of the time of publication, Bolsonaro's press office had not responded to inquiries on the matter.
In remarks made on October 16 to the chairman of Globo, Bolsonaro indicated that there is a plan to reinstate betting, which has reportedly reached Congress. However, Sporting News Brasil highlights that there are no confirmed plans for operators to resume by October 26.
The context is complicated by the impending deadline of Provisional Measure 1,394, which is set to expire after an initial 30-day period on October 25. This measure not only prohibits new authorizations but also invalidates any pending applications. The shutdown process for operators was initiated earlier, requiring them to halt deposits by September 25 and take down their websites and applications within ten days.
Should Bolsonaro win, he won't assume office until January 5, 2027. Until then, President Lula’s administration will continue to implement existing laws with guidance from the Prizes and Betting Secretariat of the Ministry of Finance. A review of Congress' status as of October 21 reveals that a joint committee to assess the provisional measure has yet to be established. Lawmakers have submitted 99 amendments in total by October 13, with five of these subsequently withdrawn.
The provisional measure is poised to suspend Congressional operations from November 9 for a 60-day period, concluding on November 23. If it is not extended, Congress could remain inactive for an extended duration. Justice Luiz Fux serves as the rapporteur for challenges against the 2023 betting law, including those linked to the provisional measure, with three new cases under review, one brought by the National Association of Games and Lotteries (ANJL). As of October 22, no ruling had been issued by Fux, with expectations leaning towards a decision being delayed until after the presidential runoff.
As of October 22, the Senate's e-Cidadania consultation on the provisional measure shows significant public support with 491,694 votes in favor and 81,240 against. Thus, any potential return to betting operations in Brazil is contingent upon the legal framework and guidance from relevant authorities, making the prospect for a restart on October 26 uncertain at this juncture.
