During a public hearing on November 3, Justice Luiz Fux of Brazil's Supreme Court indicated that the court might defer the decision regarding a proposed betting ban to the government's legislative and executive branches. The Attorney General’s Office (PGR) did not disclose its stance on the measure.
Deputy Attorney General Luiz Augusto Santos Lima stated that the PGR has yet to review the legal challenge against the provisional measure limiting fixed-odds betting. He noted that the arguments presented during the recent hearing would inform the Attorney General's evaluation.
Santos Lima remarked, "I cannot, in any way, anticipate a value judgment, as I am not the natural prosecutor for the case; that is the Attorney General."
At the conclusion of the hearing, Justice Fux suggested the Supreme Court may choose to return the issue to the government and Congress, acknowledging that the judiciary could lack the institutional capacity and expertise to handle certain aspects of the betting dispute. However, he stressed that the Court still needs to consider eight constitutional challenges connected to the matter.
Fux asserted, "I hold the view that the great virtue of the Courts, at certain times, is to decide not to decide and to return the resolution of these issues to the proper forum."
He clarified that any ruling would be made collectively by the justices rather than by him alone.
During the hearing, Fux raised several points including the economic ramifications of gambling legislation, as well as concerns regarding illicit gambling and the influence of crime syndicates. Discussions also covered player compensation, the status of Brazilian football, legal security for businesses, and the risks of rogue litigation. Fux highlighted opinions regarding women’s gambling behaviors and their potential impact on the purchase of essential goods. He deemed the hearing successful and stated that the insights gathered would be shared with his colleagues, suggesting that additional hearings could follow.
The Supreme Court has yet to issue a ruling on the provisional bill.
